Portsmouth and Arundel Navigation Act 1817

1532 57° GEORGII III. %>Jxiii.

Palmer,

Thomas

Paffard, John Plaskett; William Padwick,

Moses

Piercey,

Pratt, Thomas Pratt, Edward Parker, John Payne, William

Henry Palmer, John Pratt,,Robert

Philipson,.

John

Rood,

J'• ,. C

Rout, Edward

Rouse,

John

Reed,

Griffith,Richards,Clerk, Charles Robin-

son,

William Roberts Clerk, Edward. Richardson, Martha Richardson,

Miles Rowe,' Ruth'Stephens, William Stiggant,.

James

Scott Clerk, Tufton

Charles Scott Doctor in Divinity,'

George.

Stebbings,

George

Sidney, John

Snook, Matthew

Snook,

Robert Smith,

George,Sause,

William Sparkes senior,

William Sheane, John Sullivan, John Henry Stewart, John Venderstigen

Stewart, James. Smith, John Sandel, G Seymour, James Smart,

William Turner,

Joseph

Turner, James Tichener, Nathaniel Taylor, Thomas

Stevens Tull, George Turner, Joseph Tolfree, Edward Thorp, Richard

Talbot,' George Torriano, Christian Tawke, Samuel Thackery, William

Titchener,

James

Vosper,

Charles

Vaughan Clerk, John IVilHams, William-

Thomas Williams, John

Wesley.

Williams, William Wilkes, John Weymouth,

James Walsh junior, Josiah

Wedge,

John

Woodcock,

Henry

Welstead,

Colonel

James

Wemyss

Royal Marines, Jonathan Wilson an Elder Brother of the

Trinity.House, Charles Winkworthi Richard Wardroper,

James

Wnlferston,

Robert Wells, James Wigney, together with such other Person or Persons,

Bodies Politic and Corporate,

as.

they or the major Part of them present

at any General or Special Meeting to be holden for the Purposes of .this

Act, shall nominate and appoint, and their several, and respective Succes-

sors,

Executors, Administrators, and Assigns, or such of them as shallx

from Time to Time be possessed.of any Share or Shares in the Navigation

and Undertaking hereby authorized to be made and carried on ; ana also

such other Person or Persons as shall from Time to Time be possessed of

any. Share or Shares therein, shall be and they are hereby accordingly

united into One Body Politic and Corporate by the Name of The

Company

of

Proprietors

of

the Portsmouth

and Arundel Navigation, and by that Name

shall have perpetual Succession and a Common Seal, and by that Name

shall and may sue and be sued, and shall also have full Power and Autho-

rity to purchase Lands,. Tenements, and Hereditaments,* to them," their

Successors and Assigns, for the Use of the said Undertaking;, and also to

grant, sell, or dispose of any of the Lands/Tenements, and Hereditaments

to be purchased by them, without incurring any of the Penalties or Ppr-

feitures of Mortmain; and that it shall and may be,lawful-for the said

Company of Proprietors; and they arehereby accordingly fully authorized

and empowered, from and after the passing of this Act, by themselves or

by their Deputies,, Agents, Officers,'Contractors, Workmen, or Servants,

to make and keep navigable .and passable for Boats, Barges, and other

Vessels, a Canal from the River Arun at or near to a certain Public House

called The Ship and Anchor, in,the Parish of

Ford,

in the County of Sussex,

to the Harbour of Chichester,.at or, near to a certain Place called The

Salterns, in the Parishes of Birdham and Itchenor, in the said County of

Sussex, in, to, or through the,several,Parishes of

Ford,

Yaptoh, Barnham,

Aldingbourne,

Birsted,.

Oving,. Merston^ North Mundham, Hunston, Don-

nington, Appledram, Birdham, and Itchenor, or some or one of them1, in

.the said County of Sussex; and also to make and keep navigable and

passable for Boats, Barges, and other Vessels, another or Branch Canal

from and out of the Main Line of the said Canal, at or near to a certain

•

Place called Hunston

Common,

in the said Parish.of Hunston, to a, certain

Place near to Southgate,. in the Parish .of Saint Bartbolomewi at or near •<

the City oi Chichester, in the said County oi Sussex, in, to, or through

. the

57°GEORGII III. Gp,hn&.

die several Parishes of

Hunston*

Bonnirigtin*

Rumboldswyke,

Saint Pancfasi

Saint

Peter

the

Great

or The

Subdeanry,

arid

Saint

Bartholomew,

or sortie

or one of them, in the said County of

Sussex;

and also to make; de"epen>j

and keep navigable and. passable for Boats, Barges,- and

other.

Vessels*

the Channels of

'Thorney

arid

Hdyling

and the Harbour of

Langstonet

v&i

through, or near the several Parishes of

West Thorney

and

Westbourhe,

of

brie of them, in the said County of

Sussex;

and also in, through, or near

the several other Parishes of North

Hdyling.,

Warblingtoh,

Havarit,

Bed*

hampton,

and

Porisea,

or some 6t one of them, in the County of

South'*

ampion;

and also to make and keep navigable and passable for Boats*

Barges, and other

Vessels,

another Canal from the said Harbour of

Ldn'gi

itone,

at or near to a certain Marsh belonging

to James

Knight,

in'the Parisft

of

Wymering,

in the said County of:

Southampton^

to the Harbour of

Ports*

mouth,

at or near to a certain Meadow belonging to

Richard

Piitis,

in th£

Parish of

Wymering,

in the said County of

Southampton,

in, to, or through

the several Parishes of

Fdrlington,

Wymering*

arid

Widley*

or some or one of

them, in "the said County of

Southampton;

and also to make and keep navi-

gable and passable for

Boats;

Barges, and other Vessels, another Canal from

the said Harbour of

Langsione,

at or near to certain Lands lately inclosed

and heretofore called

Milton

Common,

in

the

Parish

biPortsea,

to,

at,

or near

a certain Place called the The

Halfway Houses

in the said Parish of

Portsed>

in,' to, or through the said Parish of

Portsea,

in the said County of

South'

itmpion;

and to supply the said Canals or Guts Whilst the same shall be

making, and at all Times for ever after the same shall be made, waft

.Water from all such Springs as shall be found in making the same; and

from all Rivers, Springs, Brooks, Streams, and Watercourses whatsoever,

which are or shall be found within the Distance of Two thousand Yards

from any Part of the said respective Canals; unless such Rivers, Springs*

Brooks, Streams, and Watercourses, shall be used for the Purpose of

.turning any Mill or Mills, or for the Purposes of Irrigation

j

arid to iriake',

sink, or drive such and so many Wells, Tunnels j Levels, Perforations,

Feeders, and Aqueducts, and to make, erect, and set up such and so

many Weirs, Steam Engines, arid other Machines, with proper Shafts

and Tunnels thereto, for supplying the said Canals or Cuts with Water,

and for conveying Water to arid from the same, any or either of them, or

"from the sariie, or any of them, to the other or others of them or any

Part thereof respectively^ or for any other Purpose necessary for the better

making and maintaining of such Canals or Cuts arid Works, as they

|he said Compariy of Proprietors shall from Time to Time think proper

and expedient; and for the several Purposes aforesaid, from

Time

to Time

and at all Times after the passing of this Act, to enter into and upon the

Lands and Grounds of or belonging to any Person or Persons, Bodies

Politic,

Corporate, or Collegiate whatsoever, and to survey and take Levels

of the same or any Part

thereof,

and to set out and ascertain such Part

or Parts thereof

as

they the said Company of Proprietors shall think, necesi

sary and proper for the making, completing, maintaining, improving, and

iising of the said Canals or Cuts, and the other Works and Conveniences

hereby authorized to be made; and there to bore, dig, cur^ trench, and

sough, and also to remove, take, arid convey away any Earth, Clay,

Chalkj Stone, Soil, Rubbish, Trees, Roots of

Trees,

Beds of Gravel or

Sand, or any other Matters or Things whatsoever, which shall or may

be

'dug or got in the making, or which may hirider, prevent, or obstruct th*

Snaking, carrying

on>

maintaining, of repairing the said Canals^ Cuts,

Oi

[fijocai.ji if Q othe:

1534 57°GEORGII III. Cap.teil

other Works respectively, or of such Feeders, Trenches, Passages, Level's

Drains,,.Wells, Tunnels, Aqueducts, and Watercourses*. as shall or,may

be necessary or convenient to convey Water to or from the said Canals or

Cuts,

according to the true Intent and Meaning of .this Act; and also as

well for the carrying and conveying of all Manner of Materials necessary

or intended for the making, erecting, finishing, altering, repairing, amend*

ing, widening, enlarging, or improving of the said Canals, and other Works

therein-authorized, as also for the Purpose of the said intended Navigation,

and for the carrying and conveying of Goods, Wares, Merchandize, and

other Things, to and frpm the said.Canals or Cuts, and for

..the

landing,

loading, housing, regulating, and preserving the same ;

and.-

also to .make,

build, drive, erect, and set,up,, in or upon the said Canals, Cuts, and

Navigation, or in and upon the-Lands adjoining thereto, .such, and so

many Bridges, Tunnels, Soughs, Aqueducts* Sluices, Locks, Floodgates,

Weirs, Banks, Dams, Pensfor Water, Water Stanks, Reservoirs, Drains,

Wharfs, Quays, Toll-houses, Warehou.s.esj Watch-houses, Landing Places;

Weighing Beams, Cranes, Dry Docks, Fire Engines, and other Machines;

Ways,.

Roads, Gates, Fences,,and Conveniences, as and where they the

said Company of Proprietors shall think requisite and.convenient, and from

Time,to/Time alter, repair, and amend, or discontinue the.same, or any

or such of them, and.no more, as the said Company

shall,

from Time to

Time, qr at any Time hereafter deem it expedient and useful to repair;

amend, alter, or discontinue, or shall deem it unnecessary or inexpedient^

Or no longer, necessary or expedient, to repair^:amend, maintain,, or con-

tinue. for the Purpose of, the said intended Navigation; and to place, lay,

work, or manufacture any Materials on the Lands

or.

Grounds near to the

Place or Places where the same Works, or any of them, shall be carrying

on j and also from Time to-Time to make, maintain, repair, and.alter

any Fences, Roads, or Passages unto, from, over,,under, through,,or near

unto the said Canals, Cuts, or the Tunnels, Aqueducts, Soughs, Trenches;

Gutters, Watercourses, and Sluices which shall communicate, therewith,;

and also to make, set out, and appoint,such Towmg Paths, Banks, Roads,

and Ways for the, tqwing, hauling, or drawing of Boats, Barges, and

other Vessels passing upon the said Canals and Navigation, with Men,

Hordes, or otherwise, and such convenient Places for Boats,.Barges, and

other Vessels to turn, lie, or pass each other,in, as the said Company of

Proprietors shall think proper and expedient; and also

to.

dig, take, and

carry .away any Soil, Clay, Grave],. Sand, Chalk, Flint, or Stone, which

shall be proper, requisite, and convenient for the making, carrying on;

repairing, and.maintaining of the several Works aforesaid; or any of them,

in or,from the Grounds;of any Person or Persons adjoining thereto;- and

also to construct, erect, set up,

•,

make, and do all. or any .other Works,

Matters, or Things whatsoever, which

they,

shall think requisite arid neces-

sary, or convenient for the making, carrying on, completing, repairing,

improving, maintaining, and using of the said Canals, Cuts, or Naviga-

tion,, in pursuance and within the true Intent and Meaning of this

Actj.

they the said Company of Proprietors, and their Agents, Servants, and

Workmen, doing as little Damage: as may be in the Execution of the

several Powers to them, hereby,granted, and repairing such: Damages,

either whole, or so far forth as they shall find it practicable and expedient;

qr if they the said Company shall be unwilling to repair the same, then

astfiey shall be required and directed by the Commissioners herein-after

appointed, and further 'fromTime^to. Time making Satisfaction, in the

Maimer

576GEORGII III. Cap.lxm. 1535

Manner herein-after mentioned, to the Owners or Proprietors of, and the

Persons interested in the Lands, Grounds, Tenements, and Hereditaments,

Waters, Watercourses, Brooks, or Rivers respectively, which shall or

may be taken, used, removed, diverted, prejudiced, or destroyed for the

Purposes aforesaid, as well for all Damage to be by the Entry and other

the aforesaid Acts of the said Company occasioned, which shall wholly

continue and be sustained," as also for all the*Residue of such Damages

which, being s» as aforesaid occasioned, shall not be by them the said

Company fully arid wholly repaired and remedied; and this Act shall be

sufficient to indemnify the said Company of Proprietors, their Deputies,

Servants, 'Agents, Contractors, and Workmen; and all Other Persons

whomsoever, for what they or any of them shall do by virtue of the

Powers he^by granted.

II.

Provided always, and be it further

<

enacted,' That nbthing in this Preventing

Act contained shall extend to authorize or empower the said Company of theObstnic-

Proprierors, or any other Person or Persons, to make, erect, and Set up n°t™ralHov»-

any Wear, Steam Engine, or other Machine for supplying the said Canal

jng

0f the

between the said Harbour of

Ldhgstone

and the Harbour of Portsmouth Tide

or

Run

with Water from the said Harbour of

Portsmouth,

or to cause or permit £f Water

any,Water-from the Harbour of Portsmouth to be carried or to run into Langstone

the Harbour of Langstone, contrary to the natural Course of the Tide, and Port*.

from the said Harbour oi

Langstone

into the said Harbour of Portsmouth; mouth Harr

but' that .the said Company of Proprietors shall make, erect, and set

k°urs'

up ^proper Gates or other sufficient Works in or upon the said Canal,

Cut, and Basins, and Banks

thereof,

to prevent any such Water from

the,Harbour of Portsmouth from flowing through the said Canal or

Cuts,

or Basins thereof or belonging thereto, contrary to the natural

Course of the Tides, in and between the said Harbours of

Langstone

and

Portsmouth.

III.

And be it further enacted, That if the said Company of Proprietors Power to

shall" deem it expedient that Boats, Barges, or other Vessels should be make Inclined

conveyed over or along any Part or Parts of the Line herein directed to Planel*

be'pursued in making the said Canals, by Rollers, Inclined Planes, or in

any other Manner than by means of Locks or Sluices, then and in such

Case it shall be lawful for the said Company of Proprietors to cause any

Rollers, Inclined Planes, or other Works, to be made for that Purpose,

at such Parts or Places in-the

said.

Line as they shall think proper, and the

same shall be considered to be Part of the said Works hereby authorized

%o

be made, in like Manner and to all Intents and Purposes

•

as if such

Parts or Places were made navigable.

IV. And whereas Maps or Plans describing the Line of the said Canals Plans and,

and Reservoirs, and the Lands in and through which the same are to be

Books

of

Re-

made and carried, together with Books of Reference thereto, containing •nce-jj!![vL

Lists of. the Names of the Owners or reputed. Owners and Occupiers of clerks of

the

such Lands, have been deposited at the Office of the Clerks of the.Peace for Peace.

the respective Counties of

Sussex

and Hants; be it therefore further enacted,

That the said Maps or Plans and Books "of Reference shall remain in the

Custody of the respective Clerks of the Peace for the said Counties; and

to the End that all Persons may at any seasonable Times have Liberty to

inspect and-peruse the [same, and to take Copies or Extracts thereof at

their

ism 57°GEORGII III. Cap.lA

their Wilt and-Pleasure,- paying the Clerk of the Peace the Surrt of One

Shilling for fevery such Inspection,' and after the Rate of Sixpence.fdr

every One hundred Words of such' Copies or Extracts of the said Book of

Reference; and that,the said Company of Proprietors, in making the said

Canals', shall not

-deviate

more:

than One hundred Yards from the Line of

^Qursetheredf"described.in the said Maps "or Plans; nor shall the said

Company of Proprietors' make any Reservoir, in any other Lands or-

Grounds,

than such is are described in the said Maps or

Plans

as intended

for that Pdrp'ose: Provided always, that no Advantage shall

be,

taken 6£

"enuhemak-

P*"

agaiiist the said Company of Proprietors^ or any Interruption be given

»g the Canal, to the making of the said Canals^ on account of any Error or Omission iri

the said Book of Reference* in case it shall appear

to .any

Three or more

of the said Commissioners appointed by this Act, or any Two or more of

His Majesty's Justices of the Peace acting in and for the Counties of

Stisse*

an§,Hantf>'.

or either, of them,. and' b'e certified in Writing under

their Hands respectively* that such Error or Omission proceeded from

Mistake.

Misnomers

Breadth of

Csnal. y. And be it further

^enacted,

That the Lands or Grounds to be taken

and used for the said Canals, and the Towing Paths, Banks, and Side

Drains

thereof^.

and the Ditches and Fences for separating such Towing

Paths,

BankSj and Side Drains from the adjoining Lands, shall not e&-

ceed Twerityrsix Yards iri Breadth, measured horizontally, except in such

Places where any.Basin, Reservoir, Sluice, or Weir shall be made, or where

the said Canals shall be raised higher or shall be cut more than Six Feet

deeper thari the present Surface of the Land; and except in such Places

•where it shall be judged necessary for Boats, Barges, and other Vessels to

turn* lie, or pass each other, in or where any Warehouse, Cranes 6r

Weighing Bea"rn shall be erected, or where any Wharf shall be made for

the Landing or Delivery of any Goods, Wares, or Merchandize which

shall be carried or conveyed on the said Canals, nor more than Seventy

Yards in Breadthj.ex.cept where the said Canals shall

pass

through of over

any Common

or.

Waste

Lands; or where the Owner or Owners of any

Lands or Grounds through which the said Canals will pass shall desire to

have the saihe made wider at his, her, or their own Expence, in that Part

df his* her; or their Lands or Grounds respectively through which the

same will pass.

VI.

Provided always; and be it further enacted, That nothing in this

-Act contained shall extend to authorize or empower the said Company

of Proprietors,,, or any other Person or Persons, to take, use; injure, or

damage any,-House or Building, or, any Ground, which from, the First

Day of

October

One thousand eight hundred and sixteen was the Site

j>f any House or other Building, or any Park, Avenue, planted Walk,

Lawn, or Pleasure.Ground^ or any Yard, Garden, or Orchard, without

the Consent

in.

Writing of the respective Owners and Occupiers

thereof,

(other than and except such as are specified in the Schedule hereunto

annexed).

Where

Roads-

VII. Provided always,;and be it further enacted, That in all Gases

jpe

injured, where it shall be found necessary in making the

said.

Canal

to cut through,

ithde!t0

bC or t;a^e' or so muca to

iQjure

anv

Part

of any Carriage or Hone Road .or

™ Footway; either public or private^ as to render the same impassable • or iri-

li " convenient

Houses, &c.

not to be

taken with-

out Consent.

57°GEOKGII III. Cap.Mil 1537

convenient for Travellers or Carriages, or the Persons entitled to the Use

thereof,

;the said Company of Proprietors shall at their own Expence,

before any such Road or Way shall be cut through, taken, or injured as

aforesaid, cause a good and sufficient Carriage or Horse Road or Footway

(as the Case may require) to be set out, made, and fenced, if necessary j

instead

thereof,

as convenient for Passengers and Carriages as the Road

to be cut through, taken, or injured as aforesaid, or as nearly so as Cir-

cumstances will permit, and shall cause the same to be put in good and

substantial Order and Condition, such Carriage or Horse Road or Foot-

way, altered and made as aforesaid, to be thereafter repaired and kept

in repair by the Person or Persons who weretby Law bound to repair the

same Carriage or Horse Road or Footway .before such Alteration.

VIII. And be it further enacted, That if in making the said Canals Pieces of

any Pieces,

or;

Parcels of Ground shall be cut through and divided-or Landsepar

separated from the other Parts of the Lands belonging to the same Owner

p„reci,ase(je

or Owners, so as the same cannot be conveniently occupied by him or them if required.

without a Bridge being erected for making a Communication therewith, or

so that'what shall be left on each or either Side of the said Canals shall be

less in Quantity than One Acre, or shall be throughout the whole Length

thereof less than Fifty Yards in Breadth, and if the Owner or Owners of

any such Pieces, or Parcels of Ground shall not have any other Land or

Ground adjoining or contiguous to what shall be so left on. each or either

Side of the said Canals, then and in every such Case, and if the Owner

or Owners, or Person or Persons entitled to the Possession or to the Rents

and Profits of the same, shall, so require, but not otherwise, they the said

Company of Proprietors shall also take and purchase the Piece or Parcel

or Pieces or Parcels of Ground so to be separated, or the Piece or Pieces

of Ground so to be left on each or either Side of the said Canals, being

less than One Acre in Quantity, or less than Fifty Yards in Breadth,

throughout the whole Length thereof as aforesaid, and shall pay for the,

same after the same Rate and in the same Manner as they shall pay for,

the Land or Ground adjoining thereto which shall be taken and used in,

making the said Canals.

IX. And be it further enacted, That after Lands, Tenements, Grounds, Bodies Pol;-

and Hereditaments shall be set out and ascertained as aforesaid for .the ""'^J™"

making the said Canals and Reservoirs respectively, or any Wharfs or

gen

ana con-

other.the several Works or Gonveniences hereby authorized to be made, vey Lands.

it shall and may be lawful to and for all Bodies Politic, Corporate, or Col-

legiate, Corporations Aggregate or Sole, Tenants for Life or in Tail, or.

for any other partial or qualified Estate or Interest, Husbands, Guardians*

Trustees, and Feoffees in Trust for Charities or other Purposes,-Com-

mittees, Executors, and Administrators, and all other Trustees whatsoever,

not only for and on behalf of themselves and their respective Heirs and Suc-

cessors, but also for and on behalf of the Person or Persons entitled in Re-

version, Remainder, or Expectancy after them, if incapacitated, and for and

oh behalf of their respective Wives and Cestuique Trusts, whether Infants,

Issue unborn, Lunatics, Idiots, Femes Covert, or other Persons, and to

and for all Femes Covert who are or shall be seised, possessed, or, inter-

ested in their own Right; and also to and for all and every, other Person

or Persons whomsoever who are or shall be seised, possessed, or-interested

of-' or in .any Lands, Tenements, Grounds,,

or.

Hereditaments which shall

be so set out and ascertained as aforesaid, or which are by this Act autho*

[Local.'] 17 R rized

im

Laiida taken

or purchased

by the Com-

pany how to

be conveyed.

Form of

Conveyance.

Conveyance

by Lords of

Manor* of

Lands taken

from Com-

mons to be

sufficient.

57° GE

O

RG1I IH.

Cap.

briii.

ri^ed or directed to be taken and, purchased by the said Company of

-Pro-

prietors, or any Part thereof respectively, to treat and agree for the abso-

lute Sale of, and accordingly to sell and convey unto the said Company of

Proprietors, all or any Part or Parts of the Lands, Tenements, Grounds,

pr other Hereditaments, which shall from Time to Time be so set out and

ascertained as aforesaid, or which are by this Act directed to be taken and

purchased

by

the Company of Proprietors; and

all

such Contracts, Agree*

tnents, Sales, Conveyances, and Assurances shall be valid and effectual in

Law to all Intents and Purposes whatsoever, any Law, Statute, Custom,

or Usage to the contrary notwithstanding ; and all Bodies Politic, Cor-

porate;, or Collegiate, and other Persons so conveying as aforesaid* ard

hereby indemnified on account or in respect of any such Sale which he,

she,

or they, or any of them, shall respectively make by virtue or in pur-

suance of this Act; and all such Contracts^ Sales, Conveyances, and

Assurances shall be made at the Expence of the said Company.

X.- And be it further enacted, That all Conveyances, Assignments, and

Assurances which shall be made of any Lands, Tenements, Grounds, and

Hereditaments to the said Company of Proprietors, shall be made according

to the following Form, or as near thereto as the Circumstances of the Case

will admit;

videlicet)

T of in consideration of the Sum of

•*• to me paid (or in consideration of the annual Rent of

to me to be from henceforth yielded and paid by Two equal Half-yearly

Payments, oh the Day of artd the Day 6f

in every Year) by the Company of Proprietors of the

Ports-

mouth

and

Arundel'Navigation,

do hereby, in pursuance and by virtue of

the Power in that Behalf contained in the Act passed in the Fifty-seventh

Year 'of the Reign of His Majesty King

George

the Third, intituled \hef6

insert the Title of this

Aci~\,

grant atwf release and assigrt tiiitd the said

Company of Proprietors all {here insert the

proper Descriptitifi

df the

Lands or

Hereditaments intended to be

conveyed},

and all my Estate arid

Interest therein, fd hold unto and to the tJse of the Said Cornpariy of

Proprietors, and their Successors for ever, according' to the true intent

and Meaning of the said Act: In Witness whereof I have hereunto set

my Hand and Seal, the Day of fft the Year'of

our Lord

And that

all such

Conveniences and Assurancesvaa aforesaid shall be g,o©d,i

valid, and effectual in the Law to all Intents and Purposes, and shalt

operate and be as a Merger of all outstanding Terms of Years, and b> a

complete Bar of all Estates Tail, and other Estates*

Rights,.

Titles^ Trusts,;

and Interests whatsoever.

XL And be it further eiiactdd, That in alLGases where there shall be

Occasion to cutthrough,. take,, or use, for the Purposesiof this Act* any

Part or Parts of any Commons,or Waste Grounds, or other Lands?

Tenements, or Hereditaments, which shall be charged with; or subject to

any Right

ov

Rights of Common

ov,

Commons*

whether of

Pasture,.

Tur-

bary, Estover,. Piscary, or. any other Profit* Appendrer off Easement*

whether appendant, appurtenant,,

OK

in gnoas, and. wh«ther, cheated or

then subsisting by Grant* Prescription, Custom^ or otherwise, howsoever j

the Conveyance thereof by anybody

Politic*

Corporate, or Collegiate,

&c

9 other

57aGEORGII III. Gp.fadii.

other Person or Persons having siidh and the like Estate or Intere"s{ of and

in ,the Manor wherein such Lands jTeriements^ Common or Waste Ground

shall be situate; or if the same shall not be the Waste of any Manor then

having such and the like Estate or Interest of and in the Soil of such Lands,

Tenements, Wastes, Common, and Hereditaments^' as the Body or B'ddies

Politic, Corporate^ or Collegiate, or Persons who

are

herein-befofe enabled

to sell and convey other Lands, Tenements* and Hereditaments* shall be

a good and sufficient Conveyance to the said Company bf Proprietors for

the Purpose of vesting in them the Fee Sirriple and Inheritance of such

Waste Ground or Common, or otheY Lands, Tenements, or Heredita-

ments, as fully and effectually as If.every Person having such Right or

Rights of Common or Commons upon such Commons or Waste Grounds^

or other Lands, Tenements* or Hereditaments, were seised thereof in

Fee Simple in Possession^ and had joined in and executed such Convey-

ance ; and that the Compensation to be paid for any Right of Common

upon any such Commons or Waste Grounds as aforesaid shall be1 paid

by the said Company of Proprietors fio the Churchwardens of the' respee.

tive Parishes wherein suCh Commons or Waste Grounds shall lie* arid

shall be by such Churchwardens received and applied for such general Or

public Purposes, Within

such

Parishes

respectively*

as

a Vestry of every such

Parish

to

be convened by

such

Churchwardens for thatPurpciseshall direct j

and that in Gases where stich Rights, Gonimoris** Profits," or Easements,

shall be and extend over* and,be enjoyed and taken out of

any*

other

Laflds, Tenements, or Hereditaments than such Wastes and Common's,

the Compensation shall be paid or tendered to the Person or Persons,

Bodies Politicj Corporate* or Collegiate, having such Estate or Interest

as aforesaid in the Said Rights, Commons, Profits, or Easements* or in

the Lands, Tenements* or Hereditaments, whereunto the same shall 6b

appendant or appurtenant* or deposited in the Bank of

England

in Mcmnfet

by this Act directed, as the Case may be j provided that in Cases where

afiy such Manor is vested in Freeholders or Inhabitants at large* Or in

any greater Number of Persons than Four, or vimere it is not known tb

what Lord or Lady such Manor

belongs*

or in what Ma'nor such Common

or Waste .Ground is situated* the Conveyance by Four dt least of the

Freeholders whose Estates have Common Right in suchCommon or'WaS'fe

Ground, and whose, said Estates amount in yearly Va'Ius as aforesaid^ fb

the Poor Rates* to Three-fifths at least of the whole of the Estate which

have such Common Right to the said Company* shall als6 be a go6d an'd

sufficient Conveyance*

XII.

And be it further enacted, That it shall be lawful for the said Company em-

Company of, Proprietors* by Indenture under their Common Seal, to sell* powered to

grant, and convey* by way of absolute Sale, all stich of the Mes'stfag'es, resellLan^s

Buildings, Lands, Tenements, or Hereditaments which shall

be"

purehWd not want

by and conveyed to the same Company, as shall kot

be"

WaMtdd for ffie

Purpose of, the said Canals and Works* or any Part' or Parts

thereof/'

Ififr

such Sum or Sums in Money as in such Conveyances shall be

eixpr'eWetf,

and.

that all such Grants and .Conveyances shall be valid and1 effectualy anfy

thing to the contrary notwithstanding;" arid upon Payment of the Money

which shall arise

by.

such Sale or

Sales',

of such Messuages, MM&, Tene-

ments, or Hereditaments, or any Parts or Parcels thereof*--or of afiy

Land bf virtue of this Act, it shall and may be lawful for life'TFea^er

or Treasurers'for the Time

being;

to

sign arid gwe Receipts fortee'Mdney

for

1540

Owners of

Lands used

in making a

new Road to

have the first

Offer of the

old Road.

57°GEORGII III. Cap.ixin.

for which the same shall be sold, (which Receipts shall be sufficient Dis-

charges to the Purchaser or Purchasers for the Money for which such

Premises shall be so sold), or for so much thereof as in such Receipts shall

be acknowledged or expressed to be received; and such Person or Persons

shall not be answerable or accountable for any Losses, Misapplication, or

Non-application of such Purchase Money, or any Part

thereof;

which

said Money shall be applied by the' said Company of Proprietors for the

same or for the like Purposes as the Money hereby authorized to

be.

raised

is to be applied : Provided that the said Company, before they shall con-

tract for the absolute Sale and Disposal of any such Messuages, Lands,

Tenements, and Hereditaments, shall first offer to resell the same to the

Person or Persons from whom the said Company shall have purchased

such Premises, his, her, or their Heirs, at a Price to be fixed on by the

said Company; but in case of Difference in that respect, then the Price

at which the same shall be resold shall be adjusted and settled by a Jury in

like Manner as the Price for any Land to be taken in pursuance of this

Act is herein directed to be settled in case of Difference or Dispute as to

the Value

thereof;

and in case such Person or Persons, his, her, or their

Heirs,

to whom such Offer shall be made, shall not then and thereupon

agree, or shall refuse to repurchase the same, any Affidavit to be made

and sworn before a Master Extraordinary in the High Court of Chancery,

or before One of His Majesty's Justices of the Peace for the County where

such Premises shall lie, by some Person or Persons no way interested in

the said Premises, stating that such Offer was made by or on behalf of the

said Company of Proprietors, and that such Offer was not then and there;-

upon agreed to or was refused by the Person or Persons to whom the same

was so made, shall in all Courts whatsoever be sufficient Evidence and

Proof that such Offer was made and was not agreed to, or was refused by

the Person or Persons to whom it was made, as the Case may be.

XIII. Provided always, and be it further enacted, That wherever the

Course of any Road or Way shall be altered in pursuance of this Act, and

a new Road or Way opened and made in and upon the adjoining Land,

the Offer of the Purchase of such old Road or Way shall be first made to

the Owner of the Land which shall be cut and used for the Purpose of

making such new Road or Way ; and in case such Owner shall be desirous

of becoming the Purchaser of such old Road or Way, and shall hot agree

with the said Company of Proprietors or their Committee, or the said

Commissioners, for the Price to be paid for the Purchase of the sarriei

then and in such Case the Value thereof shall be settled and ascertained in

such and the like Manner as the Price for any Land to be taken in pursu-

ance of this Act is herein directed to be settled and ascertained, and such

Owner shall be deemed the Purchaser thereof at the Sum to be asceri-

tained by the Jury j and in case such Owner shall refuse to pay such Money

upon Demand made thereof by the Clerk to the said Company, and Tender

of the Conveyance of such old Road or Way, the same shall and may be

recovered by the said Company by Action of Debt, or on the Case, in any

of His Majesty's Courts of Record at Westminster', and in case any such

Owner shall not agree, or shall refuse to purchase any such old Road or

Way, it shall and maybe lawful for any Person or Persons not interested

in the Premises to make an Affidavit, to be sworn before a Master Extra-

ordinary of the High Court of Chancery, or before One of His'Majesty's

Justices of the Peace for the County where such old Road or Way shall

lie,

57°GEORGII III.

CapAxin,

lie,

stating that such Offer

has

been

made

by or on behalf of the said Com-

pany, and that such Owner has riot agreed or hath refused

to.

purchase

such old Road, as the Case may be; arid such Affidavit shall in all Courts

whatsoever be sufficient Evidence and Proof that such Offer was made

arid not agreed to or refused by such Owner: Provided

nevertheless,

that

if

the

Lands of Two or more Persons shall be taken for any such

new

Road

of Way as aforesaid, each and every such Owner shall be entitled to the

first Offer of so much of the' old Road or Way as is lying immediately

adjoining to his, her, or their Land respectively, in Manner aforesaid,

XIV. Provided always, and be it enacted, That in case the Person or

Persons to whom such Offers'as aforesaid shall be made shall be willing

to purchase the Lands, Tenements,' or Hereditaments so offered to them

by

the

said Company of Proprietors, but shall be desirous that the Price to

be paid for the

same

shall be ascertained by the Commissioners herein-after

appointed, or by a Jury in like Manner as the Price to be paid for Land

to be taken by the said Company in pursuance of this Act, then and in

such Case the Price to be paid for the same to the said Company of Pro-

prietors shall be adjusted, settled, and ascertained by the said Commis-

sioners or

a

Jury, in like Manner as the Price for any Land

to

be taken in

pursuance of this Act, is hereby directed to be settled in

case

of Difference

or Dispute as to the Value

thereof.

XV. And be it further enacted, That if any Contract, Agreement,

Bar?

For adjusting

gain, or Sale of or concerning any

Lands,

Tenements, or Hereditaments the

Mode of

to be purchased, taken, or used by virtue of the Powers of this Act for settling Con-

the Purposes

thereof,'

shall be made or entered into, of any Lands, Tene- jngVopThold

ments, or Hereditaments which shall be Copyhold or of the Nature of Lands.

Copyhold, the same shall be executed and completed by Surrender thereof

in the Court of the Manor of which the same is or are holder according

to the Custom of such Manor ; and such Lands, Tenements, or Heredi-

taments

shall.

continue subject to the same Fines, Rents, arid Services as

are due and payable, and of Right accustomed, in the same Manner as if

this Act had not been made, unless the Lord or Lords, Lady or Ladies

of the Manor for the Time being, shall be willing and desirous to enfran-

chise the same, in which Case such Lord or Lords, Lady or

Ladies,

is and

are hereby empowered so to do,' notwithstanding he, she, or they shall be

seised of or entitled to the

same

Manor or Manors for a less Interest than

an Estate of Inheritance in Fee Simple; but inasmuch as the vesting and

continuing of such Copyhold Premises in the said Company would prevent

such Lord or Lords, Lady or Ladies, from receiving the Benefit of Fines,

Heriots, and other Services due upon Death, Descent, or Alienatiori, in

like Mariner as he, she, or they would have done in case such Copyhold

Premises had continued to be the Property of Individuals, the said Lord

or Lords, Lady or Ladies of the said Manor or Manors, in case he, she,

or they shall decline to enfranchise the respective Parcels of Copyhold

Lands, Tenements, arid Hereditaments held of such Manors which-shall

be'so purchased by or vested in the said Company for the Purposes afore-

said, shall be entitled to, and shall be paid by the said Company;'a reason-

able Recompence and Satisfaction for the Loss that will arise

to1

him, her,

or them in respect of such Fines, Heriots, or other Services,'the Enjoy-

ment of which;will be diminished or lost by the vesting and continuing

such Copyhold premises in a Body Corporate} which Recoriipence1 and

[LacalQ »7 5 Satisfaction,

1541

Value of

Lands sold by

the Company

may be ascer-

tained by a

Jury.

IM2 57°GEORI in. Caplmi.

Satisfaction, if not settled by Agreement between the Parties, shalt be

ascertained and settled by the; said Commissioners,. or by a Verdict: of a

Jury, if required* is is directed by this Act.

Lands to be

XVI. And whereas

the"

said Canals^ from the Harbour of

Langstone

to

andtfnve ed ^ said PlaGe called The Halfway Houses *in the Parish of

Portsea,

and

to Hi^Ma-

from

*h'e s^id Harbour of

Langston%

to the North Part of the Harbour of

jesty for

Ord-

Portsmouth^

in the Parish of

Wymer'mgy

will pass near to some of His Ma-

nance Pur- jesty's Fortifications* Lines', and Works erected at or near

Cumberland

poacs.

pQrt^

tjje

-powns of

Portsmouth

and

Portsea,

and at

Hilsea,

in the Parish

of

Wymetingi

for the better Security of His Majesty's Docks, Dock.Yards,

Arsenals, and Stores at the Port of

Portsmouth:

And whereas Four Pieces

or Parcels of Ground, will, in; making the said Canals, be cut through and

divided or separated from the Other Parts of the said Lands of the said

Ownersj and will remain and

be

on the South Sides of the said'Canals, so

that the same cannot be conveniently occupied by them without Bridges

being erected for making Communications therewith: And whereas the

Erection of any Buildings on the Borders of the said Canal, near to the

said Fortifications, Lities, or Works, or on the said several Pieces or Par.

eels of Ground, or the Formation of any Banks at the Sides of the said

Canal, or. elsewhere, Within One,thousand two hundred

Yards

of, the said

Military Defences, by the Soil excavated therefrom* or by any other

Means, would be detrimental and injurious to such Defences; be it

therefore further enacted, That the.said Company of Proprietors shall, if

required by the Master General .and the Principal Officers of His Majesty's

Beard of Ordnance for the Time being, also take and purchase the said

several Pieces or Parcels of Ground lying and being on the South Side of

the said Canals, so cut through* divided, or separated from the other

Parts of the before-mentioned Lands, and shall pay for the same after the

same Rate and in the same Manner as they shall pay for the Land or

Ground adjoining thereto, which shall be taken and used for making the

said Canals; and that it shall be lawful for the said Company of Proprie-

tors,

by Indenture under their Common Seal, to sell, grant, and convey,

by way of absolute Sale, to and for the Use of His Majesty, His Heirs

and Successors, all such of the said Pieces or Parcels of Ground which

shall be purchased by and conveyed to the said Company of Proprietors,

as shall not be wanted for the Purpose of the said Canals and

Works,

or

any Part ot Parts

thereof,

for such Sum or Sums of Money as in such

Conveyances shall be expressed^ or to,exchange the same, or any Part, or

Parts

thereof,

for any Land of His Majesty through which the said Canals

shall pass, or which shall be requisite for the Purpose of completing the

same; and that all such Grants and Conveyances and Exchanges shall be

valid and effectual, any thing tp the contrary nptwithstanding: Provided

always, that nothing herein contained shall extend or be construed to ex-

tend

so as

to enable the said Company of Proprietors, or the Commissioners

acting under the Authority of this Act, to erect, make, or set up, or cause

to be erected, made, or set up, any Messuages, Tenements, Warehouses,

or other Buildings, on any of the Lands, or other Hereditaments which

shall be purchased by the said Company of Proprietors, or the Commisr

sioners acting under the Authority of

this

Act,

for the making such Canals*

or on the 'said several Pieces or Parcels of Ground so to be purchased, or

Bioeptiom any Part thereof j save and except

t

the Basin or Basins at or near the

for

Steam

staid Place called TheHaffway Ewes* such Buildings only as may be in-

dispensably

57°GMORGII III. C^IxM.

dispensaMy necessary

as.

an Entrepdt for carrying on the Business of the

said Canal or Gut, and any such Steam Engine House and Toll House

or Toll Houses as may be necessary for the Supply of the said Canals and

Basins, and taking the Tolls, and Rates authorised to be taken for the

Use

thereof,

or to form any Embankment or Embankments upon the

Sides of such intended Canals, or elsewhere, within One thousand two

hundred Yards pf the said Military Defences, with the Soil to be exca-

vated therefrom, or with any other Soil or

Materials

whatsoever above the.

natural Surface of the Ground in which such intended Canals shall be cut,

except where such Surface may in the small Hollows or Valleys be under

the Surface of the Water in the said Canals between the said Harbour of

Langttone

and the said Place called The

Halfway

Houses,

in the Parish of

Portsea,

and between the same Harbour of

Langstone

and the North Part

of the said Harbour of

Portsmouth,

in the Parish of

Wymering,

or to land

or load from or into any Barge, Boat, or other Craft navigating the said

Canals, (except at

or.

in the Basin or Basins of the same to be made at or

near the said Place called

The Halfway

Houses,

or from or on the Borders

thereof), any Goods, Wares, Merchandise, and other Things, at any

Part of the said intended Canals between the said Harbour qt

Langstone

and the said Place called The

Halfway

Houses,

in the said Parish of

Portsea,

and between the said Harbour of

Langstone

and the North

Par*

of the said

Harbour of

Portsmouth,

in

the

.said Parish of

Wymering*

XVII. And whereas Differences may arise between the said Com* Commiasion.

pany of Proprietors and the Owners of or Persons interested in the Lands, |rs

appointed

Grounds, Tenements, Waters, or Hereditaments which shall or may be

^m™wk.

taken, used, affected, damagedf or prejudiced, in pursuance or execu-

tion of the Powers hereby granted, touching the Purchase Money or

Recompence to be paid or made for the same; be it therefore further

enacted, That every Person seised or entitled in his own Right, or in

Right of his Wife, (but not as Mortgagee), at the Time.of his acting, of

or to any Freehold or Copyhold Estate or Estates, or both, in the said

Counties of

Sussex

and

Hants,

or either of

them,

of the clear yearly Value

of Two hundred Pounds; and also every other Person residing in the said

Counties, or either of them, and within Twelve Miles of the Line of the

said intended Canals, or either of them, and having a Personal Estate, or

a Real and Personal Estate together, of the

Value

of Five thousand Pounds,

shall be and is hereby appointed a Commissioner for settling, determining,

and adjusting all Questions, Matters, and Differences.which .shall or may

arise

between the said Company of Proprietors and the several Proprietors

of and Persons interested in any Lands, Grounds, Tenements, Waters, or

other Hereditaments, that shall or may be taken, used, affected, damaged,

or prejudiced, in pursuance or execution of any of the Powers hereby

granted, and for other the Purposes in this Act mentioned.

XVIII. Provided always, and be it further

enacted,,

That no Person shall Qvt^Mmm

act as a Commissioner in the Execution of this Act who shall be the °.f

Comnw-

Owneror Occupier of any Land intended to be purchased, in order to M0M^,•

be cut through or used in making the said Canals and other Works, or

who shall not be resident in the County wherein the Matter in question,

or some Part

thereof,

is situated; or who shall hold any Place of Profit

under the said Company of Proprietors, nor during the Time of his being

a Proprietor in the said intended Navigation and Undertaking, .or who

shall

1543

Engine and

Tofi House.

1544

Oath taken

by the Com-

miiiionen.

Penalty on

Person not

qualified act-

ing as a Com-

missioner.

Commission-

ers tnay act

as Justices of

the Peace in

Execution of

this Act.

Meetings of

Commission-

ers to be

public, and

Notice there-

of given.

57'GEGRGII III. C^.lxiii.

shall be in. anywise interested or concerned in the Matter in question j or

who shall* act as a Commissioner in the Execution of this Act (otherwise

than in administering an OatK or Affirmation to the Effect following), until

he shall have taken and subscribed such Oath or Affirmation before some

one or more of the said Commissibners, who is and are hereby authorized

and empowered to administer the same; (that is to say),

* T do swear

(or> being one

of the

People called

Quakers*

6 do solemnly affirm), That. I am truly and

bond Jide

in the actual

' Possession or Enjoyment of the Rents and Profits of Freehold or Copy-

* hold Lands, Tenements, or Hereditaments, or both, in the Counties of

*

Sussex

and Hants, or one of- them, of the clear yearly Value of

* above all Reprizes (or possessed of, or entitled to a Per-

' sonal Estate, or a Real and Personal Estate together, to the Amount

' or Value of ); and that I will, without Favour

* or Affection, truly and impartially, according to the best of my Skill

« and Knowledge, execute and perform the Powers and Authorities vested

* in me as a Commissioner, by an Act made in the Fifty-seventh Year

« of the Reign of His Majesty King

George

the Third, intituled

[insert

the

' Title of this Act]?

And that no Person shall act as a Commissioner at any Meeting of Com-

missioners (other than and except the First Meeting to be held by virtue

of this Act, and at any Adjournment

thereof,

to be held within One

Month of such'First

Meeting),

unless he shall have taken the said Oath at

some other Meeting One Month at least previous to the Time of his

claiming to act as such'Commissioner; and if any Person, not being qua-

lified as herein-before is mentioned*. or hereby made incapable to act asa

Commissioner, shall nevertheless act

as

such in the Execution of

the

Powers

hereby given, or any of them, every such Person shall for every such

Offence forfeit the Sum of Fifty Pounds to the said Company of Proprie-

tors,

to be recovered with full Costs'"of Suit by Action at Law in any of

His Majesty's Courts of Record at

Westminster;

and every such Person'so

sued or prosecuted shall prove that he is qualified as aforesaid, or other-

wise shall pay the said Penalty, without any other Proof or Evidence on

the Part of the Plaintiff than that such Person hath acted as a Commis-

sioner in the Execution of the Powers given by

this

Act: Provided always

nevertheless, that it shall be lawful for any of the said Commissioners

who are or shall be in the Commission of the Peace for the said Counties

qf:

Sussex

and

Hants,

or either of them, to act as Justices of the Peace

in.or relating to the Execution of this Act, notwithstanding their being

Commissioners.

XIX. And be it further enacted, That the said Commissioners

shall

hold

their First Meeting for the Purposes of this Act in the Town of Havant,

in the County of

Hants,

at such Time as they shall be thereunto required,

by Noticeto be given in some one Newspaper published or circulated in

each of the said Counties of

Sussex

and

Hants

respectively, by Order of the

Committee of Management,' to be appointed as herein-after mentioned

at their First Meeting; and the said Commissioners may afterwards meet

from Time to Time by Adjournment or otherwise, as they shall think

necessary or proper; but no Meeting whatever (except adjourned Meet

ings) of the said Commissioners shall at any Time be had (except in'such

Cases as

are herein-after otherwise ordered and provided for), unless Four-

teen

57°

GE

ORG It III. CapAxnL 1545

•teen Days previous Notice at least of the Time. Place, and Purpose-of

such 'intended Meeting, shall be given and inserted in some Newspaper

published or circulated in the County wherein such Meeting is intended to

be held ; and that every Meeting of the said Commissioners by virtue of

this Act shall be public; and that no Act, Order, or Proceeding1 of the

said'Gom'missidners or any of them in or relating to any of the Matters

or Things hereby meant to be submitted to their Decision' and Determi-

nation (except in such Cases as are hereby ordered and provided for), shall

be valid, unless the same shall be done or made at a Meeting to be held in

pursuance of this Act, and of the Directions herein contained; and that Commission-

all and singular the Powers and Authorities hereby given to or vested hi *r8t^Q^ers

the said Commissioners shall and may from Time toTime be exercised by executed'uy

the Majority of the .Commissioners assembled at such Meetings respect- less'tha"

ively, the whole Number'present at such Meetings respectively^not being Three.

less than Three; and at every such Meeting One of the Commissioners

present shall be appointed President or Chairman, who, in case of an equal

Division of Votes, shall have the decisive or casting Vote.

XX. And be it further enacted, That upon Requisition" to be made General

by the said Committee1 of Management to be chosen ai herein-after 3irectedj Meeting of

or upon Application by any Three or more Owners or Occupiers of any

eLs"h^fS*0n~

Grounds, liands. Tenements, or^ Hereditaments1 to be affected' by'.the be called.

said Canals and other Works, or any of the Works'hereby authorized

to be made or carried on, unto the Clerk to the Company of Proprietors,

to appoint a General Meeting of the said-Commissioners, the said' Clem

shall and is hereby required, within Fourteen Days after such Requfsi-

tibri or Application made to him, to give public,Notice in Manner afore-

said of a General'Meeting of the said Commissioners, to be held at such

Time and Place as shall be specified in such Notice, such Time riot being

less than Fourteen Days nor more than Twenty-eight Days from the Day

&i which such Requisition or Application, shall be made as aforesaid; and

|He said Commissioners are hereby authorized and required to assemble at

the Tirrie arid: Place so to be appointed, in order to put this Act, and the

Powers and Authorities hereby given to and vested in them, into Execu-

tion, notwithstanding any previous Adjournment of the said Commissioners;

and;ih case the Business to be transacted at any Meeting of the said Com-,

ttissirihers,vtd be held'itfpursiiance of this Act, shall not be concluded or

firiiSHed on or within the Day mentioned in such Notice, then the Commis-

sioners present at such Meeting shall and may adjourn themselves, and

afterwards meet at such Time'and Place as tfiey shall think proper rand

expedient; and'if it shall happen that there shall hot appear at any Meet-

ing, which7 shall be .appointed to be held by the said Commissioners;, a

suf-

ficient Number of Commissioners to act at such Meeting, and to adjourn

to any other Time, then and in such Case, and from Time to Time,'and

as often as the same shall happen, the Clerk to the said Commissioners for

the Time being shall and may by public Notice,, to be given in. the Man-

ner aforesaid, appoint the said Commissioners to meet at the Place wherelai

Meeting of the said Commissioners was lastappomted to be held, upon the

Day Three Weeks next after the Day last appointed for such' Meetirig:

Provided also, that every Meeting of the said Commissioners for the hearing Meetings of

and determining of any Complaint, Controversy, Dispute, or Difference Commission-!

between the said Company of Proprietors'arid any 'otherPerson or mihingDis-

Persons, shall be held at some Place within' Fifteen Miles' of 'thi Place putestobe

where or respecting which such Complaint, Dispute, or Difference shall heidwithi»

rXoca/.] i7 T

arisen *"*" Mll<*

1546 A7*GBORGII III. Cap

Aim.

of

the

Place arise

>.

and that no Business shall "commence at any Meeting of the said

in Dispute. Pommissioners hpfnrp Eleven of the P.lnrlc in the Forennnn. finr aft*>r

Commission-

ers to deter-

mine what

Sums of

Money the

Company

shall pay for

the Purchase,

of Lands, and

what Sums

they shall pay

fdr Damages.

Commissioners before Eleven of the Clock in the Forenoon,. nor after

Three of the Clock in the Afternoon.

XXI. And be it further, enacted, That it shall be lawful for the said

Commissioners from Time to Time assembled at a Meeting to be held in the

Manner herein-before directed, and they are hereby fully authorized and

empowered by Writing under their Hands (except in such Cases as are

herein-after otherwise provided for), with the Consent of the Parties con-

cerned, to determine and adjust what. Sum or Sums of Money for

the absolute Purchase of any Lands, Tenements, Grounds, or.'.Heredita-

ments'which shall be set out and ascertained, or be intended to be taken

or used as aforesaid, for making the said Canals and other Works, or the

Towing Paths thereto, or any Part thereof respectively, or, for other the

Purposes herein mentioned, or which shall be taken by the said Com-,

pany of Proprietors pursuant to any of the Directions of this Act* ought,

in the Opinion of the said Commissioners, to be paid by the said Company

of Proprietors unto the Bodies Politic, Corporate, or Collegiate, or other

Person or Persons respectively who. shall be entitled thereto, and also to

determine and adjust what other separate and distinct Sum or Sums of

Money ought, in the Opinion of them the said Commissioners, to be paid

by the said Company of Proprietors as a Recompence for any Damages

which shall or may, at any Time or Times before such Meeting; have;

been sustained by any Bodies Politic* Corporate, or Collegiate, or other

Person or Persons respectively, being Owners of or interested in any

Lands, Grounds, Tenements, Waters,;, or Hereditaments, and for the

future, temporary, or perpetual Continuance, of any recurring Damages

to be by such Bodies and Persons thereafter sustained, which shall before

such,Meeting have been only in,Part obviated, repaired, or remedied by

the said Company of Proprietors, and shall have been by, them occa-

sioned,:for or by reason of the severing or dividing, the same Lands,

Grounds, Tenements, Waters, or. Hereditaments, or by reason of the

making, repairing, or maintaining of the said Canals and Towing Paths,

or any

.

of the Reservoirs,, Aqueducts, Feeders, Drains, Back Drains,

Trenches,, Passages, .Gutters, Watercourses, Roads, Ways, Sluices, or

other; Works hereby authorized to be made and carried on and main-

tained,, or. by reason or means of the flowing,, leaking,

or.

.oozing of the

Water oyer or through the Banks of the said Canals, Reservoirs,

Aqueducts, Feeders, Drains, Trenches, Passages, Gutters, and Sluices* or

any of them, 6r of the supplying the same or any of them with'Waterj

or by not cleansing ..the said Watercourses, Trenches, and Passages, or

by turning or diverting any Streams or Brooks into the same or any of

them, or by reason, or nieans of the Execution of any. of the Power;s

hereby, given to the said Company of Proprietors or their Agents,

Syorkmen, or Servants, in case such Purchase Money, Damages, and

Recompence respectively, cannot be settled, adjusted, and agreed uppn.by

anil between the said Company:of Proprietors and the Owners of.or

Persons entitled in such Lands, Grounds, Tenements, Waters, or Heredi-

taments as aforesaid.

Incise the XXII. And be it, further enacted,That if the said Company of Prp:

Parlies refuse

pj.jetorSji

or their Committee" of Management for. the Time being, or if any

theDeu'rmT- suc.hB9y Politic, Corporate, or Collegiate, Trustee or Trustees, or other

nation of

the

Person or Persons so interested or entitled as aforesaid, for and on behalf

of

57°GEORGII 111. %?.1xm. 1547

ofshhnself,

herself,

or themselves, or- for and on behalf of

the.

respective Commission-

C^tuique Trusts, or of the Person or Persons entitledjn Remainder after

er8\<?r,a?),n"

them as aforesaid, shall refuse to submit such Compensation or Recompence trJat, the

as aforesaid to the Determination of the said Commissioners, or, shall be Value to be

dissatisfied with their Determination respecting the samej and of such Dis- settled by a

satisfaction, shall, within Twenty-one Days next after such Determination, Jury'

give Notice to the Commissioners making such Determination,, or if any

such:Body Politic,-Corporate, or Collegiate, Trustee or Trustees, or other

Person or Persons entitled or interested as aforesaid, shall refuse to receivej

upon due Tender

thereof,

such Purchase Money or such Recompence as

shall be so adjusted and determined to be paid as aforesaid, or shall for the

Space of Twenty-one Days next after Notice in Writing shall be given to

the principal Officer or Officers of such Body Politic, Corporate, or Colle-

giate, or to such Trustee or Trustees, or other Person, pr Persons respec*

tively, or left at his, her, or their usual or last Place or Places of Abode,

or with the Tenant or Tenants, Occupier or Occupiers of such Lands,

Grounds, Tenements, or Hereditaments respectively as aforesaid, neglect

or refuse to treat, or shall not agree with the said Company, of.Proprietors

concerning the same, or shall by reason of Absence be prevented fronv

treating, or shall by reason of Nonage, or other Impediment not provided

for by this Act, be incapable of treating or making such Agreements as

shall be expedient for enabling the said Company to proceed in the making

and carrying on of the said Canals and other the Works aforesaid; then

and in any or either of the said several Cases, the said Commissioners or

any Three of them, although not assembled atany Meeting to be holden

in manner herein-before mentioned,, upon Application made to them

either by the Clerk of the said Company, of Proprietors, or by any other

Person or Persons interested as aforesaid, are hereby empowered and re-

quired from, Time to Time to issue a Warrant o'r Warrants under their

Hands and Seals, to the Sheriff of the County wherein such Lands,

Grounds, Tenements, or Hereditaments as aforesaid are situated, or in

whichvthe;Matter or Question,in Dispute shall arise; or in case such

Sheriff or his Under Sheriff shall happen, to be one of the said Company

of Proprietors, or enjoy any Office of Trust or Profit under them, or

shall be otherwise interested in the Matter in Question, then to any Qne\

of ,the<v Coroners of the same County, not interested as aforesaid; or if all

the;.Coroners shall be so interested, then to the last Person then'in being

who ..filled the Office of Sheriff.of the same County, and who shall not be

interested as aforesaid, commanding such Sheriff or Coroner or other.

Person to impannel, summon, and return, and the said

Sheriff,

Coroner,

or. other Person is hereby accordingly authorized,, empowered,,and;rje»

quired to impannel, summon, and return, a Jury of Eighteen sufficient arid

indifferent Men, qualified according to the Laws of this Realm to be

returned for the Trial of Issues joined in His Majesty's Courts of Record

atjJPestmimter,

to appear before the said Commissioners or such of them as.

shall be assembled at such Time and Place as in such Warrant or Warrants

shall be appointed, not being less than Nine nor more than Twenty-one,

Days after such Warrant or Warrants shall be served upon the said

Sheriff,.

Coroner, or other Person as aforesaid; and the Clerk of the said Com-,

parry for the Time being is hereby also required forthwith, by such public

Notice, as herein-before mentioned, to call a Meeting of the said Commis-

sioners at the same Time and Place mentioned, in such Warrant; and in In Default of

case a sufficient Number of Jurymen shall not appear at the Time and a sufficient

pjace

Number of

1548

Jurymen,

Standers-fcy

to

be'

re-

turned.

Witnesses

may be sum-

nJoiied.

Penalty upon

Sheriffs, &c.

making De-

fault.

57°GEORGII III. Cap.htm.

Place appointed as aforesaid, the said Sheriff or Coroner or other Person

shall return tither honest and indifferent Men of the Stahders-byj"or t

can speedily "be procured to atterid!:that Service', being so qualified as

afore^d,-to makeup the said'Jury to the Number of Twelve; and- all

Parties concerned ^shall arid may have their 'lawful Challenges against any

of the said Jurymen, but shall not challenge the Array; and the said

Commissioners or any Three or'more of them, although not assembled at

such Meeting as aforesaid, are hereby empowered also to summon and

call before the Commissioners to be so assembled, or before the said Jury

(as the Case mayjbe), all and every Person and Persons who shall be

thought necessary to'be'examined'as a Witness or Witnesses touching the

Matters in Question; and the:said Commissioners or any Three, of theni;

although not so assembled, shall and may order and authorize the said

Jury, or any Six or more of them, to view-the Place or Places or Matter

in Controversy, and such Jury upon'their Oatfas-'fdr being of the Society

of Persons called Quaker^ upon their solemn Affirmations), which Oaths

and solemn Affirmations, as well'as the'Oaths iirid solemn Affirmations

to such Person or Persons as shall foe called cupon to give Evidence, any

Three such"Commissioners are- hereby''empowered to administer, shall

inquire of, assess; and ascertain th'e'SurhorS'urnsof'Mbney'to'be/paid for

the Purchase of such Lands!, Grounds, Tenements,'or Hereditaments'as

aforesaid, and also what other separate arid'dis'tirict Surrr of Sum's'df Money

shall be paid byway of Recompense, whether for the'Damages which

shall or may before that Time have been so sustained as aforesaid, or for

the future, terhporary, qrperpetual'CdhtiriUanee oPariy(recurririg;Daimages

which shall have been so occasioned asafdresaidy and the Cause of Occasion

of which shall have'bee'ii. 6'nlyin part'obviated, repaired, or remedied !by

the said Company of Proprietors, and''which can or will be no further

obviated, repaired,'or r'emedied:by them ;- arid-the-said Commissioners sb

to be assembled shall accordingly give Judgment for such Purchase Money

or R'ecompenee as shall be assessed'by

such?•

Jury;;''which saidVerdicti'and

the'Judgment to be thereupon pronounced

:as;

aforesaid,1 shall be binding

ahd;'cMelusive to all intents and Purposesi;'agamstf all 'Bodies Politic^ Cori

pbrate, or Collegiate, arid all bther'Persohs whomsoever.

XXIII. And be it further enacted, That1 if srich Sheriff or his Deputy,

c;f:any!CcJrorier'b*rfother;Persdri herein-befa're; authorized' arid directed-(ft

act in the Stead'of sueh^Sheriff;1 shall make Default in'the Preihis(es5;h'e

shall-fdr every such' Offence •forfeit the Sunt of Fifty Pounds

*,

and if any

PeVsd'rPso to be'summoried-and returhed'upon^ariy'such Jury'as aforesaid

shall" not 'appear,

br>

appearing'shall refuse to give his Verdict, or iri'any

other Manner'wilfully1 neglect his'©lity, contrary to the true Intent of th'fe

Act;J' or if any-Person'8b to

be>

suihrdoned- to-' give;'Evidence as aforesaid

shall not appear, on; being paid or1 tendered a reasonable Sum for htsy'her'}

or their Costs' and? Expences, dr-'appearing shall refuse

toN

be "sworhV exaS

mined*- or to give Evidence*' then and in such Case 'every suchf:Person

:sb'

offending-shall forfeit'andpay-'for every"such Offence, fbr'thg Benefit bf

the said Party; any SuftYnot? ekeeeding'Ten Pounds, to be levied by virjue

of any Warrant or Warrants-under the Hands ! and Seals of tthe said

Gbmmissioners, by Distress'arid Sale of the Goods and Chattels of! the

Person or Persons so offending, rendering to him or them the Overplus

of the Money thereby produced, after such ^Penalty and the Charges- of

such Distress and

Sale;

shall be deducted.

XXIV. And

10

57°GEORGIl III. Cap.teii. 1549

XXIV. And be it further enacted, That.every such Jury, and Jurymen Juries to be

as aforesaid shall be liable and subject to the same Regulation's, Pairis,'and

undetL5he

. _

Penalties as if such Jury and Jurymen had been returned for the Trial of tions asjuries

any Issue joined in any of His Majesty's Courts of Record at Westminster;

at

Westmin-

and that all-and every Person arid Person's who, in any Examination to be ster-

taken by virtue of-this Act upon their Oath (or being of the Society of Persons giv-

Persons called Quakers, upon their solemn Affirmation), shall wilfully and !"£ false Evi-

corruptly give false Evidence before the said Commissioners, or before to"the Penal-

any Justice of. the Peace acting as such in the Execution of this

'Act,,

shall ties of Per-

and may be prosecuted for the'same,' and upon Conviction

thereof,

shall jury-

be subject and liable to the same Pains and Penalties'as Persons guilty

of wilful and corrupt Perjury are by the Laws in being subject and liable

thereto!

XXV. And be it further enacted, That where the Determination of .the Expences of

Commissioners to be made as aforesaid shall be acquiesced in.by both Commission-

Parties .concerned, then and in such Case, if the Determination shall be ^Vto'be17

made for more Money to be paid as'a Recompence and Satisfaction for borne.

any Lands,

-

Grounds, Hereditaments, or Property, or for any Damage

which may be done to any Lands, Grounds, Hereditaments, or Property

whatsoever^ than shall have been previously offered or tendered by or on

•Behalf of the said Company of Proprietors, or if no such Recompence or

Satisfaction shall have been offered or tendered by them or on their Behalf

to the Person or Persons competent to accept "and fake the same, all the

Expences of the calling and meeting of such Commissioners shall be de-

frayed by the said Company; but if the Determination shall not be made

for more Money than shall have been previously offered or tendered by the

said Company-as aforesaid, the Expences of calling and meeting of such

Commissioners, or so much, thereof as the said Commissioners shall judge

reasonable and proper, shall be defrayed by the Person or Persons with

whom the-said Company shall, have; had such Controversy or Dispute;

and where either of the said Parties concerned shall refuse to submit any

such Matter as aforesaid to the Determination of the said Commissioners^

or shall be dissatisfied with their Determination therein,"and give Notice

of such Dissatisfaction as aforesaid, then and in every such Case, if the

Verdict of the Jury shall be given for more Money to be paid as a Recom-

pence or'Satisfaction as aforesaid, than shall have' been previously offered

or tendered by and on the Behalf of the said Company, or determined

by the said Commissioners, as the Case shall be, or if no such-Recompence

or Satisfaction shall have been tendered by them or on their Behalf to

the Person or Persons competent to accept and take the same, "all the Ex-

pences of the calling and meeting of such Commissioners, summoning such

Jury, and taking such Inquest, shall be defrayed by the said Company;

but if the Verdict of

"the

Jury shall not be given for more Money than shall

have been previously offered or tendered by the said Company as aforesaid,

or determined by the said Commissioners, as the Case shall be, the Ex-

pences of the calling and meeting of such Commissioners, summoning such

Jury, and taking such Inquest, or so much thereof as the said Commis-

sioners shall adjudge reasonable and proper, shall be defrayed by the Person

or Persons with whom the said Company shall have such Controversy,or

Dispute; and all such Expences as aforesaid. shall be settled by .the said.

Commissioners present at. such Meeting respectively; "and in all Cases

where the whole of such Expences shall not be directed by the said Gom-

\LocaJ.'} \jU missioners

persons re-

questing

Juries,

.o

enter into

Bonds to

prosecute.

Notice of In-

jury to be

given to the

Company be-

fore Com-

plaint made

to the Com-

missioners.

Notices to be

served on]the

Clerk of the

Company, or

affixed on

the Market

Houses of

Arundel and

Portsmouth.

57°GEORGU IU. CapAm.

misslonersto be paid.by such Person o(r Persons as afpresaid^the Remainder

shall^be paid by the said .Company of Proprietors.; and.the'Expences which

aire herein-before'directed to be paid.by the Person^r Persons with whom

the said Company shall have had any Controversy or Dispute,, shall and

may be deducte^ out of the

j^oj^ey

sto be determined or adjudged to ,-b.e

paid to sucH Person or Persons as aforesaid, as so much Money advanced

tp and ^for' his, 'her, or th^ir U^e; and the Payment or Tender of the

'Remainder of the Money so to be determined pr adjudged shall be deemed

and taken, to all Intends and Purposes whatsoever, to be a good Payment

pr a Tender' in 'Satisfactioni pf die whple

thereof:

Provided always, that

in all Cases where, by reason pf Absence or otherwise, any Person or

Persons shall have been prevented from treating and agreeing as aforesaid*

the"

whole of such Charges and Expences shall be borne and paid by the

said Company of Proprietors.

XXVI. And be, it further enacted, That all and every Person and Per-

son's with whprn the said Company shall have such Controversy or Dispute

as a'fp.resaid, and who shall refuse to submit any such, Matter as aforesaid

to the Determination of the said Commissioners, or shall be dissatisfied

with their Determination"-

thereof,

shall, before, the said Goinmissipners

shall be obliged to issue out their Warrant or Warrants for the summoning

such Jury, first enter into a Bond to the Treasurer

or,

Treasurers to the

said Company for the Time being in the Penalty of Fifty Pounds, or in

such pther'Penalty as the said Commissioners shall appoint, not'.exceeding

the Sum of One hundred founds, to prosecute such. his, her, or. their

Complaint, and to bear and pay the Expences of the calling and meeting

of such Commissioners, of summoning such Jury,

antl-

taking.sych Inquest*

in case such Costs and Expences shall fall upon him, her, or thenij to be

paid according to the true Intent and Meaning of this Act,

XXVII. And be it further enacted, That the said Commissioners or any

of them shall not be obliged by virtue of this Act to receive

and.

take Notice

of any Complaint or Complaints to, be .made, by any Person, or Persons

whomsoever for any Injury or Damage by him? her, or them sustained or

supposed'to be. sustained as aforesaid, unless such supposedi Injury or

Damage shall have commenced and been sustained within the .Space of Siic

Calendar Months next before the Time when: Application, shall first ibe

made in relation, thereto by or on Bej^alf.of suchPerspn or Perspnsi.to.the

said Cpmpany of Proprietors, or to their Clerk.

XXVIII. And be it further enacted, That all Writs, Notices, and, other

legal Proceedings against the. said Company, of Proprietors shall and-.may,

be served on theClerWjfor theaTame being to, the^aid[Cpmpany, and.shall

be deemed and taken to be good and valici Service on the said Company.;

or all such Notices, and. Notices of such, Writs and,other, legal Pro*

ceedings, shall and may be affixed on^theTow,^. or, MafketHouseS) of

Afundelzxid. Portsmouth, ..which shall, in, every such Case be deemed; and

taken to be good and valici.Service, of. such Notices, Writs* andiosher legal

Proceedings

on.

the said Company,.

Satisfaction

to be made

forTithes.

XXIX. Arid,

be,

it further exacted, Thatfidl^Recpmpence a:nd;Satisiac-

tipn shall beniadeby the's.aid,

Company;

of ^rpprietorsrfpr alliTithes* both

Great and Small', of. the,Lands which, shall or may be taken pr made use

5 of

57°OEORGII HI. (hpM&. IM1

of by the said Company of Proprietors for 'the Purposes arid inpufsu^nte

of the Powers of this Act, to the respective Persons entitled tor who' wdtiljj

have been entitled 'to such Tithes; in case sucK Lands had- not been; io

taken or made use of, according-to the respective Interests thereih'; sucri

Tithes to be Estimated at the average Value of Pour YeairsjTc6mmehtingit

Michdeltnas One thousand eight hundred stfi'd twelve; arid ending at Michdeh

mas.

One thousand eight hundred and sixteen j such AVer age Valde to hh

ascertained (in case of any Difference concerning the same) in like Manner

as the Value of any other Hereditahlehts is hereih-Jbefofe directed to be

ascertained*

XXX. Provided always, ind be it enacted, That the said Company of Compensation

Proprietors shall make .Compensation foranf LahdsyTeneriierits,or* Here- tobemgross

ditaments to be purchased under the Powers of this Act, or for jfjeTithes u •

payable in respect

.thereof;,'

or for ally Damages thait may be doiie thereto

by the said Company^ in gross Sums of Moriey, and riot By Mf of annual

Rents.

XXXI. And be it further enacted. That all Orders' arid Proceedings of proceedings

the said Commissioners

shall:

be regdlafly entered in a Book,

to

be kep't for

<>?

©ominis-_

that Purpose by .their Clerk or Clerks, which Book shall be provided,'^t eXSSa

the Expence of the said Company of Proprietors';' arid shall be ope'ri a't' all Book.

seasonable Times for the Inspection of any Person or Persons' iri'tere'ste'd. in

the said'Proceedings, without Fee or Reward ; and such' Entries being

signed by

t.ucH;

Number of: the said Com'fhiss'ionef's

as;

are emp/ovtefe'd by

this Act to make such.Orders, or carry oh sucK Proceedings respectively,

shall be deemed.Originals, and the sa'rn'e' or true* Copies thereof shall b'e'

admitted as,Evidence in all Courts whatsoever

j-

arid that tftWsaid Corirmi's- clerk to

sipners shall appoint

a-fit

and propel* Person to b'e the .Clerk-to the said' Commission-

Commissioners appointed by this Act; and that tne said, CoMrriis^io'riers"'

e™ how to

tie

stall and ,may from Time to Time remove any such Clerk;

arid,

on sricfi ap

Removal,, or in case any such Clerk shall die or quit the saidrEiripioyrnerit,

the said Commissioners shall arid may appoint-ariprher fit arid proper Persori

to be^the GJerk to the said Corrirrfissioriers, arid dvery'such' Cferk srhall' Bse

paid for his Cafe, Expende, and Trouble hi the Execution'of t'his Office",

by the said Company of Proprietors.

XXX'II, And be'it further enacted. That upon Payment of such Sum Power to

or

Sums!

of Money'sb'contracted arid'agreed for; between', the Parties', or enter Lands,

determined or adjusted by the said Corhriiissioners-, or assessed

by"

a Jury &c'd

•tJjir0*

as aforesaid, for the Purchase^ of any such Lands', Grounds, Tenements, or, WorkI, on

Hereditaments'as aforesaid,.to the Owner or Owners

thereof,

or"other Persqrj Payment of

or Persons-entitled to receive such Moriey, or upon legal Tender of sudh Purchase

Money

to;

such Owner or Owners, or other Persori or Persons, or textile MoneT> &c*

principal Officer or Officers of any B6dy Politic, Corporate,, 6r Collegia"^ at

any Time-after such Moriey shall have been so agreed'for,'deterrfiiried^ of

assessed; or if such Owners or'other Persons cannot be fotiinti'of ,-ascer'l.

tained,; or shall refuseto accept such Moriey^-or incase it d'o.thri^t appear'

to;

whom the same ought to"'be paid, then' upon' Payment of the', said

Sum or Sums of Money into the Bank of England as herein-after directed

and required, for the Use of the Person or Persons entitled thereto,;, but

not,before,,;it-shall be lawful' for "the' said Company of Pr(bprie|dfs,' arid,

their Agents,. Senvantsi' and' Work-irieny, immediately* to* efttdr1'

iht'o*

arfd

upon

1552

Determina-

tions of Com-

missioners and

Verdicts of

Juries to be

recorded,and

thereupon the

Lands pur-*

chased to vest

absolutely in

the Company.

57°

GEORGII III. CapAml

upon such Land,; Grounds, Tenements,, and Hereditaments respectively,

arid to dig, cut, trench, sough,: and remove Earth, Stones, Rubbish,

Trees,

Roots of Trees, and other Obstructions, and do all other Matters

and Things necessary and proper for,the, making, using, maintaining, and

repairing of the said Canals and the Towing Paths on the Sides

thereof,

and other, the Works and Conveniences aforesaid, in or upon such Lands,

Grounds, Tenements, or Hereditaments respectively, and thereupon to

make, erect, carry on, complete, repair,.and maintain the said Canals,

Towing Paths, and other Works and Conveniences respectively, as they

the said Company of Proprietors shall think fit, and to have, use, and

enjoy such Lands, Grounds, Tenements, or Hereditaments respectively, to

and for their own Use and Benefit, for the Purposes of the said Canals

and other Works, save and except as herein-after mentioned.

XXXIII. And be it further enacted, That all Determinations of the

said Commissioners which shall be submitted to and acquiesced in by the

Parties concerned, and also the Verdicts of the Juries, and the Judgments

of the said Commissioners thereon as aforesaid, shall with all convenient

Speed be transmitted to and shall be kept by the Clerk of the Peace for

the County or Counties in which the Lands or Hereditaments are situated,

respecting which such Determinations, Verdicts, and Judgments respect-

ively shall be made or given, amongst the Records of the (Quarter Sessions

of such County s and shall be deemed Records to all Intents and Purposes ;

and the same or true Copies

thereof-

shall be allowed to be good Evidence

in all Courts whatsoever ; and all Persons shall have free Liberty to inspect

the same, paying for each Inspection the Sum of One Shilling arid no

more j and also to take Copies

thereof,

paying for each Copy after the

Rate of Sixpence for every One hundred Words ; and that immediately

after the Payment of such Sum or Sums of Money as aforesaid, and after

such Determinations, Verdicts, and Judgments of such Commissioners

and Juries shall be transmitted: to such Clerk of the Peace as aforesaid, the

Lands, Tenements, or Hereditaments so purchased, and concerning

which such Determinations, Verdicts, and Judgments shall be made and

given as aforesaid, and all the Estate, Right, Title, Interest, Use, Trust,

Property:, Claim, and Demand, at Law or in< Equity, of the Person or

Persons for whose Use such Money shall be paid as aforesaid, in, to,: and

out of the same, and also the Fee Simple and Inheritance

thereof,

shall

vest in the said Company of Proprietors, and they shall be deemed in Law

to be in the actual Possession and Seisin

thereof,

to all Intents and Purposes

whatsoever, as fully and effectually as if every Person having any Estate

or Interest therein had actually conveyed the same to them by any legal

Conveyance whatsoever; and such Payment shall not only bar all Right,

Title,

Interest, Claim, and Demand of the Person or Persons to or for

whose Use the same shall be made or given, but also shall bar the Dower

of the Wife of every such Person respectively, and all Estates Tail, and

other Estates and Interest in Possession, Remainder, or otherwise, against

the Issue of such Person or Persons, and against all Infants, Femes Covert,

and all and every other Person and Persons whomsoever, having or

claiming any Right, Title, Estate, or Interest therein^ either in Law or in

Equity.

Commission- XXXIV. And be it further enacted, That the said Commissioners and

^p°ortfoVof the 8a"* Jury shall and are hereby respectively empowered to settle what

p Shares

57°GE0RG1I III. CapAxm. 1553

Shares and Proportions of the Purchase Money or Compensation. for Purchase

Damages which shall be agreed for, determined, and adjusted, or assessed Moneywbere

in Manner as aforesaid, shall be allowed to any Tenant or other Person different

or Persons having a particular Estate, Term, or Interest in the Premises, interests.

for such, his, her, or their Interest or respective Interests therein.

XXXV. Provided always, and be it further enacted, That in case any TheCom-

Lands, Tenements, or Hereditaments to be taken and used by the said pany

may

pay

Company of Proprietors for the Purposes or pursuant to the Directions of jyjonigarto s

this Act, shall happen to be in Mortgage to any Person or Persons, then it Mortgagees

shall be lawful for the said Company of Proprietors, upon Application being of the Lands

made to them by the Mortgagee or Mortgagees

thereof,

his, her, or their

purchased,

if

Executors of Administrators for that Purpose, to pay such Sum or Sums require •

of Money as shall have been so agreed for, adjusted, or assessed as afore;.

said, for the Purchase of or for the Damage done to such Lands, Tene-

ments, or Hereditaments in Mortgage, or the Residue of such Sum or

Sums after such Allowance and Payment thereout to any Lessee or Tenant

as aforesaid, unto such Mortgagee or Mortgagees, his, her, or their Exe?

cutors or Administrators in part Discharge and Satisfaction of the prin-

cipal Money due on such Mortgage: Provided always, that upon Receipt

of such Sum or Sums, such Mortgagee or Mortgagees, his, her, or their

Executors or Administrators respectively, shall acknowledge the Receipt

thereof by an Endorsement to be made upon the Back of such Mortgage or

Mortgages, and to be signed by such Mortgagee or Mortgagees, his, her, or

their Executors or Administrators respectively, in the Presence of One or

more credible Witness or Witnesses, in Satisfaction of so much of the prin-

cipal Money and Interest due upon such Mortgage or Mortgages.

XXXVI. Provided always, and be it further enacted, That no Sum or Mortgages

Sums of Money so lent and advanced on Mortgage shall be paid off and nottobepaid

discharged by the said Company of Proprietors (save and except with the ^

without

Consent of the Mortgagee or Mortgagees), unless Six Calendar Months pre-

vious Notice, under the Hand 6f the Principal Clerk of the said Company

of Proprietors shall have been given to such Mortgagee or Mortgagees, or

left at his, her, or. their last or usual Place of Abode, of such Intention to

pay off and discharge the

same,

or unless the said Company of Proprietors,

in lieu of such last-mentioned Notice, shall pay to the said Mortgagee or

Mortgagees Six Calendar Months Interest of the Money so intended to be

paid off, in addition to the Interest then cdue to the said Mortgagee or

Mortgagees in respect

thereof.

XXXVII. And be it further, enacted, That in Default or Refusal of

Monies to

be

Payment by the said Company of Proprietors of such Sum or Sums of

Paid

for Da-

Money, and at such Times and in such Manner as shall be agreed upon, j£sThto

awarded, or assessed as herein-before is mentioned, as a Recompence for be recovered.

any Damages to be done in Exercise of the Powers hereby given, it shall

be lawful for the said Commissioners, and they are hereby authorized and

required by Writing under their Hands, to appoint One or more Person

or Persons, from whom the said Commissioners so assembled shall take a

proper Security to collect and receive the Tplls, Rates, and Duties by this

Act imposed, or any of them, and thereout in the first Place to pay all

such Damages so to be agreed upon, awarded, or assessed as aforesaid,

and the Costs (if any) occasioned by such Default or Refusal of Payment

[Local.'] ly X

thereof,

1554 57°GEORGII III. Cap.hau.

thereof,

together with legal Interest for the same, to be computed front

the Time such Damages shall be agreed upon, awarded, or assessed, and

also the Costs and Expences of collecting and receiving the said Tolls,

Rates,

or Duties ; and the Person or Persons so to be appointed shall be

deemed a Collector or Collectors of the said Tolls, Rates, and Duties,

and shall have such and the same Powers for collecting the same as if he

or they had been appointed for that Purpose by the said Company of.

Pro-

prietors ; and the Money so to be collected and received by such PersorJ

or Persons shall be and is hereby declared to be as so much Money re-

ceived to and for the Use of the Person or Persons who shall be entitled

to receive such Satisfaction for Damages as aforesaid, in Order and Course

respectively as such Agreement, Award, or Assessment shall be in Priority

of Time ; and after such Damages, Interests,' and Costs shall be paid and

Satisfied, the Power and Authority of such Collector or Collectors.for

the Purposes aforesaid shall cease and determine ; or otherwise it shall be

lawful for the said Commissioners, in case such Damages, Interests, and

Costs shall not be satisfied and paid within the Space of Four Calendar

Months after such Damages shall be so agreed upon, awarded, or assessed

as aforesaid, on Complaint to them by or on the Behalf of the Person

or Persons sustaining such Damages, to issue their Warrant under their

Hands and Seals to the Sheriff of the County wherein such Damages shall

be occasioned, authorizing and. requiring him to levy

.

and raise such

Damages, Interests, and Costs as aforesaid, by Distress and Sale of the

Goods and Chattels of the said Company of Proprietors, together, with

such reasonable Charges as the

said.

Commissioners shall in such Warrant

direct and appoint; or otherwise the Party or Parties so aggrieved shall and

may recover such Sum and Sums of Money so to be agreed upon, awarded,

or assessed, and which shall not be paid as aforesaid, together with Interest

and Costs for the same, by Action at Law in any of His Majesty's Courts

of Record at

Westminster,

against -the said Company of Proprietors, with

full Costs of Suit.

IncaseTolls XXXVIII. Provided nevertheless,.and be it further enacted, That in

let,

the

Les-

case the Tolls, Rates, or Duties hereby granted shall be let to any Person

*ees,n certain or Persons at the Time such Money shall be in Arrear and unpaid, then

theSuinVtc^ tne S£^ Commissioners shall have no Power or Authority to appoint any

Persons en- Person or Persons to collect and receive the said Tolls, Rates, or Duties

titledtoCom- as before mentioned, but shall and may order and direct the Lessee or

pension. Lessees of the said Tolls,. Rates, or Duties, to pay to the Person or Persons

entitled to Satisfaction for Damages as aforesaid the Rent or Sum which

would have been due and payable to the said Company, until the Money

due to such Person or Persons, together with lawful Interest for the same,

shall be paid off and discharged ; and the Receipt of such Person or Per-

sons'shall be a sufficient Discharge to such Lessee or Lessees for the Money

thereby expressed to be paid, which shall be deemed and taken to be Money

paid for or on account of the said Company.

Application XXXIX. And be it further enacted, That if any Money shall be agreed or

of

Pon?Pen"

awarded to be paid for any Lands, Tenements, or Hereditaments purchased,

amounting

to

taken, or used by virtue of the Powers of this Act, for the Purposes

thereof,

200J. which shall belong to any Corporation, Feme Covert, Infant, Lunatic,

or Person or Persons under any Disability or Incapacity, such Money

shall, in case the same shall amount to or exceed the Sum of Two hundred

Pounds,

57°GEORGII III. C^.kiii. 1555

Pounds, with all convenient Speed be paid into the Bank of.

England,

in

the Name and with the Privity of the Accountant General of the High

Court of Chancery, to be placed tp his Account ex parte the said Com-

pany of Proprietors, to the Intent that such Money shall be applied, undei

the Direction and with the Approbation of the said Court, to be signified

by an Order made upon a Petition to be preferred in a summary Way by

she

Person or Persons who would have been entitled to the Rents and Profits

of the said Lands, Tenements, or Hereditaments, in the Purchase of the

Land Tax, or towards the Discharge of any Debt or Debts, or such other

Incumbrances, or Parts

thereof,

as the said Court shall authorize" to ,be

paid, affecting the same Lands, Tenements, or Hereditaments, or affecting

other Lands, Tenements, or Hereditaments standing settled therewith, to.

the same or the like Uses, Intents, or Purposes;. or where" such Money

shall not be so applied, then the same shall be laid out and invested,

under the like Direction and Approbation of the said Court, in the Pur-

chase of other

Lands,

Tenements, or Hereditaments, which shall be conveyed

and settled to, for, and upon such and the like Uses, Trusts, Intents, and

Purposes, and in the'same Manner as the Lands, Tenements, or Heredita-

ments which shall be so purchased, taken, or used as aforesaid stood settled

or limited, or such of them as at the Time of making such Conveyance and

Settlement shall be existing undetermined and capable'of taking Effect; and

in the meantime and until such Purchase shall be made, the said Money shall

by Order of the said Court of Chancery, upon Application thereto, be in-

vested by the said Accountant General inhisName,;in the Purchase.of Three

Pounds per Centum Consolidated or Three Pounds per Centum Reduced

Bank Annuities ; and in the meantime, and until the said Bank Annuities

shall be ordered by the said Court to be sold for the Purposes aforesaid, the

Dividends and annual Produce of the said Consolidated or Reduced Bank

Annuities shall from Time to Time be paid, by Order of the said Court,

to the Person or Persons who would for the Time being have been entitled

to the Rents and Profits of the Lands, Tenements, or Hereditaments so

hereby directed to be purchased, in case such Purchase or Settlement

were made.

XL.

Provided always, and be it further enacted, That if any Money When less

so agreed or awarded to be paid for any Lands, Tenements, or Heredits- than

2001.

ments purchased, taken, or used for the Purposes aforesaid, and belonging *"_ ™°'e

to any Corporation, or to any Person or Persons under any Disability or In-

capacity as aforesaid, shall be less than the Sum of Two hundred Pounds,

and shall amount to or exceed the Sum of Twenty Pounds, then and in all

such Cases the same shall, at the Option of the Person, or Persons for the

Time being entitled to the Rents and Profits of the Lands, Tenements, or

Hereditaments so purchased, taken, or used or of his, her, or their Guar-

dian or Guardians, Committee or Committees, in case of Infancy or Lunacy,

to be signified in Writing under their respective Hands, be paid into the

Bank, in the Name and with the Privity of the said Accountant, General ol

the High Court of Chancery, and be placed to hisAccount as aforesaid,

in order to be applied in the Manner hefein-before directed ; or otherwise

the-.same shall be paid, at the like Option, to Two Trustees, to be nominated

by the Person or Persons making such Option, and approved of by Three

or more of the Committee of the said Company of Proprietors,, such

Nomination and Approbation to be signified in Writing under the Hands

of the nominating and approving Parties, in order that such Principal

Monies,

1556

When less

than 202.

In case of not

making out

"Titles,

&c.

57° GEORGI1 111, Cap.h&L.

Monies* and the Dividends arising thereon, may be applied in any Manner

hereifi-before directed, so far as the Case be applicable, without ob-

taining or being required to obtain the Direction or Approbation of the said

Court of Chancery.

XLI. Provided also, and be it further enacted, That when such Money

so agreed or awarded to be paid as last before mentioned shall be less

than Twenty Pounds, then and in all such Cases the same shall be ap*

plied to the Use of the Person or Persons who would for the Time being

have been entitled to the Rents and Profits of the Lands, Tenements; or

Hereditaments so purchased, taken, or used for the Purposes of this Act,

in such manner as the said Commissioners or any Three or more of

them shall think fit, or in case of Infancy, or Lunacy, then to his, her, or

their Guardian or Guardians, Committee or Committees, to and for the

Use and Benefit of such Person or Persons so entitled respectively*

XLII. And be it further enacted, That in case the Person or Persons to

whom any Sum or Sums of Money shall be awarded for the Purchase of

any Lands, Tenements, or Hereditaments to be purchased by virtue of this

Act, shall refuse to accept the same, or shall not be able to make a good-

Title to the Premises, to the Satisfaction, of the said Company of Pro-

prietors ; or in case such Person or Persons to whom such Sum or Sums of:

Money shall be so awarded as aforesaid, cannot be found, or if the Person,

6r Persons entitled to such Lands, Tenements, or Hereditaments be not

known or discovered, then and in every such Case it shall and may be law-

ful to and for the said Company of Proprietors to order the said Sum or

Sums of Money so awarded as aforesaid to be paid into the Bank of England,

in the Name and with the Privity of the Accountant General of the Court

of Chancery, to be placed to his Account to the Credit of the Parties inte-

rested in the said Lands, Tenements, or Hereditaments (describing them),

Subject to the Order, Controul,andDisposition of thesaid Court of Chancery;

which said Court of Chancery, on the 'Application of any Person or Per-

sons making claim to such Sum or Sums of Money, or any Part

thereof,

by

Motion or Petition, shall be and is hereby empowered, in a summary Way

of Proceeding or otherwise, as to the said Court shall seem meet, to order

the same to be laid out and invested in the Public Funds, and to order

Distribution

thereof,

or Payment of the Dividends

thereof,

according to

the respective Estate or Estates, Title or Interest of the Person or Persons

making claim thereunto, and to make such other Order in the Premises

as : to the said Court shall seem just and reasonable; and the Cashier

or Cashiers of the Bank of England, who shall receive such Sum or

Sums of Money, is and are hereby required to give a Receipt or

Receipts for' such Sum or Sums of Money, mentioning and specifying

for what and for whose Use the same is or are received, to such Person

or Persons as shall pay aiiy such Sum or Sums of Money into the Bank of

as aforesaid.

la case of

disputed

Title*.

XLIII. Provided always, and be it enacted, That where any Ques-

tion shall arise touching the Title of any Person to any Money to be

paid into the Bank of England, in the Name and with the Privity of the

Accountant General of the Court of Chancery in pursuance of this Actj

for the Purchase of any Lands, Tenements, or Hereditaments, or of any

Estate, Right,-or Interest in any Lands, Tenements, or Hereditaments to

11 be

57°GEORGII III. CapAxm. 1557

be purchased in pursuance of this Act, or to any Bank Annuities to be

purchased with "any such Money, or the Dividends or Interest of any

such Bank Annuities, the Person or Persons who shall have been in Posses-

sion and Receipt of the Rents, or in the actual Occupation as Owner of

such!

Lands, Tenements, or Hereditaments at the Time of such Purchase,

and all Persons claiming under such Person or Persons, or under the Pos-

session of such Person or Persons, shall.be deemed anil taken to have been

lawfully entitled to such Lands, Tenements, or Hereditaments, according to

such Possession, until the contrary shall be shown to the Satisfaction of the

said Court of Chancery ; and the Dividends or Interest of the Bank An-

nuities to be purchased with such Money, and'also the Capital of such

Bank Annuities, shall be paid, applied, and disposed of accordingly, un-

less it shall be made appear to the said Court that such Possession was a

wrongful Possession, and that some other Person or Persons was or were

lawfully entitled to such Lands, Tenements, or Hereditaments, or to some

Estate or Interest therein.

XLIV. Provided also, and be it enacted, That where by reasonof Court of

any Disability or Incapacity of the Person or Persons, or Corporation, en- Chancery to

titled to any Lands, Tenements, or Hereditaments to be purchased under ^Bt ofay*

the Authority of this Act, the Purchase Money for the same shall be re- Expences.

quired to be paid into the Court of Chancery, and to be applied in the

Purchase of other Lands, Tenements, or Hereditaments, to be settled

to'the like Uses' in pursuance of this Act, it shall and may be lawful to

and for the

s:aid

Court of Chancery to order the Expences of all Purchases

from Time to Time to be made in pursuance of this Act, or so much of

such Expences as the said Court shall deem reasonable, to be paid by the

saut Company of Proprietors out of the Monies to be received by virtue.of

this'Act, who shall from Time to Time pay such Sums of Money for such

Purposes as the said Court shall direct.

XLV. And be it further enacted, That the said Company of Proprietors Towing

shall, when required so^to do by the Owners or Occupiers of the Lands

PiU"s-

&?.

to

through and over which the same shall extend and pass, by Writing under from A^0\n.

their, his, or her Hands or Hand respectively, to be delivered to or left at ing Lands.

the'last usual Place of Abode of the Clerk of the said Company of Pro-

prietors,!'^ their own proper Costs and Charges, divide and separate, and

keep constantly divided and separated, the Towing Paths on the Sides of the

said-Canals, and the several Trenches, Feeders, and Aqueducts to be

made by virtue of

this

Act; or such and so many or such Part or Parts

of: such Trenches, Feeders, and Aqueducts to be made by virtue of; this

Act, or such and so many or such Part or Parts of such Trenches, Feeders,

and Aqueducts respectively (incase of any Dispute about the same), as

shall, by Two Justices of the County in which such Lands or Grounds are

situatedj be thought necessary to be divided and separated from the Lands

or Grounds adjoining to such Towing Paths, Trenches, Feeders, and

Aqueducts respectively, with good and sufficient Posts, Rails, Hedges,

Ditches, or other Fences, to be set or made on the Lands or Grounds

which shall be purchased by.or conveyed to or vested in the said Company

of Proprietors as aforesaid, and shall from Time to Time repair,, maintaihi

and support the .said Towing Paths, Posts, Rails, Hedges, Ditches, and

Fences so to be made or set up as aforesaid} and the said Company of

Proprietors shall also, at their-own Costs and Charges, make, erect, and

[Lww/.] 17 T set

I55B 57°GEORGII III. Op.brifi.

set up, and from Time to Time maintain, support, and keep in good

Gates,

Stiles,

Repair, such arid so many convenient Gates and Stiles, upon and across

totferecte'd the said Towing Paths, and in and through the Hedges and Fences

to"

he

by

the

Com-

by them so made on the Sides of such Towing Paths as aforesaid, and also

pany. such good and sufficient Fences around the Shafts or Pits that shall be

made in any Tunnel or Tunnels of the said Canals, and also such arid so

many convenient Bridges, Arches, Culverts, Passages, and Roads over,

under, or by the Side of the said Canals, and the.Feeders, Trenches,

Levels, and Watercourses communicating therewith respectively, at such

Places, and of such Dimensions, and in such Manner, as the said Justices

shall from Time to Time judge necessary and appoint (in case.there shall

be any Dispute about the same), for the Use of the Owners and Occupiers'

of the. Lands, Grounds,.. or Hereditaments adjoining to such Canals,

Trenches, Feeders, Watercourses, and Towing Paths respectively, and

of all Persons who now have or may hereafter have a Right of Way over:

or through the Lands or Grounds which shall be'used for making

the.

said

Canals, Trenches, Feeders, Watercourses, and Towing Paths, or any of

them respectively} and that the said Company qf Proprietors shall not

make or carry the said Canals, or any Feeder, Trench, or Watercourse

in or across any Highway, Public or Bridle Way, or Footpath, until suchi

Time as they shall at their own proper Charges have made and perfected

such, Bridge or Bridges, Arch or Arches,, or other convenient Passages

over or under the Places where the said Canals, Feeders, Trenches,- or

Watercourses respectively shall be intended to be made or carried, and

of such Dimensions and in such Manner as the said Justices shall adjudge

proper incase of any Dispute about the same; and in case it shall be"

found necessary for the. Purposes of the said Navigation to alter or widen

any Arch or Arches already existing, the; same shall be done;

a*

the Ex-

pence of the said Company of Proprietors; bui such! Arch and Arches

shall always afterwards be repaired and' supported at the joint and equal

Expence of the said Company of Proprietors, and of the Person or

Persons

W^Q-would

have [beea liable to repair the same, if the same had

not been so altered or widened,

In ca^s.of 38LVL. And be it further enacted, That?, in .case the said Company o|

Failure to Frdpmetprs:.

on

their Agents, having been required so .to-, do- in Marines

Towlne aforesaidv:shall refuse or neglect to make* ereet„and set- upsuchgoodiand

Paths and sufficient'Posts, Rail's,

Hedges,.

Ditches*

w other Fences for the Purpose'

makeBridges, . separating* the said Towing'Pathsj, Trenchea, Feeders*.

and,

Aqueducts

*)wners °f from the Lands or Grounds adjoining as aforesaid* or to' make, erect,, and

jofoint8may set) up such Gates and Utiles) upon and across the saidfTowing Pathsi,and\

do the same in and ttytaughithje Hedges and! Fences to, be made on the.Sidesjthereof,

at the

Com-

and.of the Arches* Culverts*, Passages, and Roadsvover^ under,)or byi th&

pan/s

Ex.

gye 0| t^„ say (jana^, Feeders, Trenches,, and- Watercourses respect

pence. jifeely asi aforesaid, fon

the;

Use;

andLConvenience) olsuchj

Persons!

as,

are-

hereinbefore .mentioned* and

;ofi

such;Dimensions andi in such? Manner as>

the:

said Justices; shall from! Time, to Time direct and; appoint (id; case

there-shall be any

Dispute*

about theisamej,, or ,toj repair^, maintain^ and

support such- Postsj Rails, Hedges, Ditches, and Fences,,

Gates;

i,Sti|gs<,

fridges; Arches, CuiVertsj.Passages,, and Roads^or any of them, after)

the same:shaD

he-

made,, crested;, and setfiip asvaSjresaid, for the Space; o|

ThreeiiCalendafe Momtbffi n^xlt ar the.'Timejs>.toj be; appointed

foE,

those;

Purposes) respectively)

by*-

the;

said Justices;;, then and

in?,

every)

suahiGase, it

10 shall

SrGEORGII III. CapMl iS5§

shall be lawful for every or any of the Owners or Occupiers of the adjacent

Ldiids or Grounds, and everjr tithef Person and Persons' wKb shall finU

himself,

herself,

br themselves aggrieved by ariy such Refusal •drNlglect,

tb make, erect, and det up such Posts', Rails, Hedged, DitcheS- and

fences, Gates, Stiles, Bridges, Arches, Cdlverts, Passages, arid Roads1,

as are herein-before directed or appointed to be made, erected; drtd sfet lip

by the said Company of Proprietors

as*

aforesaid, 6r to repair, maihtairi,

and support such Posts, Rails, Hedges, Ditches,' arid Fenced; Gate's*,

Stile's,

Bridges, Arches, Culverts, Passages, and Roads'^' df ariy 6f theiri!,

frbm Time to Time as Occasion shall require, so that in making, rtiaffi1-

taijiing, or repairing the same respectively, the said Canals' df the Banks

thereof,

or any Feeders Or Aqueducts befdrigiiig thereto,' shall ftof bk

stopped or injured for any longer Space of Time tit. iii any other Maririelr

than shall be necessary for the doing

thereof^

and all the reasonable Costs

arid Charges thereof (to be settled and allowed by the' said Justice^) shall

be repaid to the Person or Persons whb shall have expended; incurred, or

sustained the same, by the said Company of Proprietors, within the Spafe

bf Twenty-one Days next after the sdhie sHall Have been1 so settle'dalM

allowed, and an Account and Demand 'thereof shall have beeri delive'red

and made to and from the Clerk to the si'id Cbmpariy for the Tiriie beirig J

and in Default of Payment of the said Costs and Charges' within thte'Time'

aforesaid, it shall be lawful for the said Justices, and they £fe hereby iii

q'uifed, by Warrant under their Hands and Seals, to levy' the sa'i'dJGdsW

and Charges fey Distress arid Sale of the Goods and Chattel's of' iherald

Cbmpariy of Proprietors which shall be found in or Upon the1 said Cari'alV,

of the Wharfs', Quays, 01 Warehouses belonging to'the" said Company;

to and for the Use'of the Person and Persons whd shall1 have incurred Or

Sustained such Costs and Charge's, rendering to the said Company of PrOi

rirfetbrs, or to some or one' Of their Agents or Collectors, the Overplus

(if any), after deducting the'reasonable Charges and Expences of making

such Distress and Sale, to be settled also by the said Justices j Or others

wise the Person or Persons who shall have expended, incurred, or sus-

tained such Costs and Charges, shall and may sue for and recover the

sianfe against the' said Cbrnpany' bf Proprietor's; by Action of

Debt*

dr on

tlife'Gase, iii aiiy bPHis1Majesty's Courts of Record at

Westminster.

XLVII. And 6e it further enacted, That the said Company of Pro-

Canals to

be

piM6i% shall at their bwn Costs'and^Charges divide and: separate,.: arid 55^^°™

Rjge'ri constantly divided arid separated, the Sides' of the said Canals bppdsite

tffe Towing Path ftbm ih€ adjbinittg Lan!d arid Premises,' in such' Manner

aWdat such Places' as the said Justices may from'Time tbTim'e'dr&SfJsttM

direct, and front Tiriieto Time' tb maintain; support',

ari&

keep'

the Fsncefc

sb directed tb be'rhadefor the Purposes'afotesaidiri gbbdaiid s^fficlant

Repair.

XLVffl. And be it'further enacted, That the said Company of Pro-The Com-

prietbrs shall also at theft own Costs and' Chirges'make, riiairitSin, andpany

to make

- - .-•... ... ... -c. . „. _ . . .. .-»

proper

Wa-

siipport such proper arid convenient'Watering Places'fbr Cattle',' whereverj ^in^Ha3"

By rheans of die said Canals or othe¥ Word's hereby1 authorised* tb' be for Cattle

itiade, Cattle shall have;been deprived bf their aft^ielit'b^ fbrnie'rtVateriri^

Places, arid shall at" all Tifaies' supply- the satiie with W^ater* inLs\ich>

foamier

as'

the said'

Justices1

shall5

WottiTMV toTiffie'(in11 case0 of Sir/

Bftpuie abdut: tfie sameyor,derafta< direct1; an«- that m sWGbropany

1560

57°GEORGII III. Cap.im.

of Proprietors shall also, wherever the said Canals or other "Works to

be,,made in pursuance of this Act shall interfere with any Rivers.*

Brooks,

•

or Streams of Water

•

now used for watering the Farms or

Grounds contiguous or adjoining thereto, erect and make.proper and sufi

ficient Hatches, Water Carriages, and Back Drains for conveying. and

securing the Water not taken by virtue of.this Act, for supplying the.said,

Catfals, in such Manner as the said Justices (in case of any Dispute about

the same) shall direct, in order that the Enjoyment of such Water. may.

be continued to such Farms and Grounds in as

,

ample and beneficial .a

Manner as at present, or as near thereto as Circumstances will' permit;

and in case the said Company of Proprietors.shall, refuse as. aforesaid

to erect and make any such Hatches, Water Carriages, and Back Drains

as aforesaid for the Space of One Calendar Month next after the firrie

to be appointed for that Purpose by the said Justices, then and in every

such Case it shall be. lawful for the Person or Persons, who. shall be

damaged or aggrieved by such Refusal or Neglect to make or'maintain

or support such Watering Places, and to erect and make, such Hatches,

Water Carriages, and Back Drains respectively, so that the said Canals

or the;Banks

thereof,

or any Feeders or Aqueducts belonging thereto, shall

not be thereby stopped or injured for any longer Space of Time or in.

any other Manner thanshall be absolutely necessary for the making arid.

dojng the same; and all the reasonable Costs and Charges attending the

same (to be settled and allowed by the said Justices) shall be repaid to the

Person or Persons who shall have expended, incurred, or .sustained such

Costs,

and.

Charges*

by the said Company, .of. Proprietors, within-the Space

of Tweuty-one Days next, after the same shall have,been,so'settled and

allowed, .and an Accqimt and Demand, thereof shall'have been delivered

.and made, to and from the

ClerkL

to,the said Company of Proprietors;, and

iniDefault of Payment of the said.Costs and Charges, within, the Time

aforesaid,, the same shall and may be levied or: recovered in such or the

same,

Manner as

;

the Costs' and Charges herein-before mentioned are

directed to be levied or recovered.

Owners and XLIX. And be, it.further enacted, That it

shall,

and.may be lawful,to

Occupiers and for the Owners, or Occupiers, of any Lands or Grounds through which

may erect fae saj(j Canals," or any Trenches, Feeders," and Aqueducts shall be made

ges,

c. as,.jj.foreSaie}5.qr any other. Person or Persons haying a Right of :Way or

Passage,

overmuch Lands,or,Grounds (with the Consent, and Approbation

ofi-'the .Committee of Management of the said Company for the Time

being),;

upon Request made to them for,that Purpqse (or in case of their

Refusal,to consent thereto, for the Space of Twenty-one Days after such

Request, then ,with; the,Consent and Approbation of the said Justices), tc

make*

fix, and erect at their own proper Costs ,and Charges such Gates,

Stiles,

Bridges, Arches, Culverts, and Passages, Watering Places, Hatches;

Water Carriages, and Back Drains, or other Conveniences, upon, in, over,

qr.'near jhe said Canals,;. Trenches,. Feeders, Aqueducts, andi^wing

Paths,;

respectively, in ; such

.

Places and in such. Manner, as. the said

Qw.ners and Occupiers shall judge most necessary ,and convenient for(th_'e

better; Use, Cultivation, Improvement, or Occupation of the said respec-

tive (Lands^or Grounds, oyer and besidesany such Gates, Stiles, Bridges,

Arches,; and Passages, Watering Places,,Hatches, Water Carriages, Back

J^rains, or^other Conveniences^'as,shall have been made;or erected by the

said/Company, and to repair and support

the.

same,

respectively at,their

own

57°GEORGII III. Cap.lxin.

own like Costs and Charges, as Occasion shall require, so that the Navi-

gation of the Passage of or' upon the said Canals, Trenches, Feeders,

Aqueducts, or Towing Paths respectively, be not thereby prevented or db»

strutted for any ionger Space of Tiftle than as aforesaid, or in any other

Manner than shall be absolutely necessary; and so that no Damage of

Injury, otherwise than by such Obstructions as aforesaid, be thereby

done to any of the Works belonging to the said Company of Pro-

prietors.

L. And be it further enacled, That before any Clay, Gravel, Sand, The Com*

Rubbish, or other Materials (except Soil to be dug up or gotten in panyto

the cutting of making of the said Canals, Reservoirs, and other Works, and spread Clay,

which shall not be used or intended to be used in or about the saihe) shall jo^n"

be laid upon any Land adjoining or near thereto1, all the Soil or sUch Lands, and

adjoining Land, to the Depth of Nine Inches at least, shall be taken

to cover

same

off and removed, and the same, together with the Soil which shall in like

with

Soil,

&c

Manner be taken off and removed from the Land to be used for the .said

Canals, Reservoirs, and other Works, shall be laid in Heaps, distinct and

apart from such Clay, Gravel, Rubbish, and other Materials, upon some

convenient Part or Parts of such adjoining Land; and that the said Clay,

Gravel, Sand, Rubbish, and other Materials (except as aforesaid), shall,

as soon as may be, in a proper and husbandlike Manner, be spread abroad

and levelled upon such Part of such adjoining Land from whence the Soil

shall have been so previously taken off and removed as aforesaid, and that

then the whole'of such Soil as aforesaid shall in like Manner be carried

and spread upon and over the Surface of the said levelled Clay, Gravel,

Rubbish, and Materials, so and in such Manner as to render such JLanii

as fit and proper, as may be for the Purpose of Vegetation, Culture,, aiid

Husbandry; and that such levelling of the said Clay, Gravel, Sand,

Rubbish, and Materials, and that such carrying and spreading of the said

Soil thereon as aforesaid, shall be fully and effectually done and com-

pleted in each and every Close or separate Piece of Ground in or through

which the said Canals or Works shall be made, within Three Calendar

Months next after the same shall be cut and made through such Close or

separate Piece of Ground; and that if the said Company of Proprietors,

or their Agents or Servants, shall refuse or neglect, within the respective

Times as aforesaid, to remove and place in Heaps such Soil as aforesaid,

or any Part

thereof,

or to spread abroad and level such Clay, Gravel,

Sand, Rubbish, and Materials as aforesaid', or to carry and spread the said

Soil thereon in the Manner herein-before specified, then and iri every such

Case it shall be lawful for the Owner or Owners, Occupier or Occupiers

for the Time being of the Close, Land, or Ground wherein or whereon

the Subject Matter of such Refusal or Neglect shall be or arise, or he, she,

and they respectively is and are hereby fully empowered to cause the Clay,

Gravel, Sand, Rubbish, Materials, and Soil respectively, where such Refusal

or Neglect shall be made or arise, to be respectively removed, turned oyer,

levelled, separated, and spread so. and in such Manner as to effect the

bringing the Soil to the Surface, and thereby rendering it Land fit and

proper for the Purposes aforesaid j and all the reasonable Costs, Charges,

and Expence's attending the same, to be settled aiid allowed by the said

Justices, shall be paid to the Person or Persons who shall have expended,

incurred, or sustained the same, "by the said Company of Proprietors,

within the Space of Twenty-one Days next after the Same shall have been

£Local.~} 17 Z so

1561

1562 57°GEORGII 111. Cap.lxm.

so settled and allowed, and an Account and Demand thereof shall' have

been delivered and made,to arid, from the Clerk to the said Company for

the Time being ; and in Default, of Payment of such Costs, Charges, and

jLxpences within the Time aforesaid, the same.shall and may be levied and

recovered in such and the same Manner as the Costs and Charges of

erecting Bridges and other Works by the Owners and Occupiers of Lands,

upon the Refusal or Neglect of the said Company to make and erect the

same, areherein-before directed or appointed to be levied or recovered.

TheCompany LI. And be it further enacted, That the said Company of Proprietors

to puddle

the gj^ij ^ theirown Expence well and effectually, puddle the

Sides,

of the

Canal and s?l^ Canals and Reservoirs respectively, at all Places wherever it shall be

Reservoirs necessary so to dp, so as to prevent as much as possible the Water from

where neces- oozing through, such Sides, to the Detriment and Injury of the Lands or

sai> Grounds lying below the said Canals and Reservoirs respectively.

TheCompany LII. And be it further enacted, That the said Company of Proprietors

to make shall also, at their own proper Costs and Charges, make or cause to be

omveythe 'rria'de such Arcfies, Tunnels, Culverts, Drains, or other Passages, over,

Water.from under, by the Side of, or into the said Canals, arid the Trenches, Streams,

the adjoining and Watercourses' communicating therewith, and the Towing Paths on the

Lands, and Sides

thereof,

of such 'Depth, Breadth, and Dimensions as shall be sufficient

clean. esame at,all Times to convey the Waters from the Lands adjoining or laying-near

the said Canals, "without obstructing or impeding the same j and shall

likewise rnake or cause to be made such Back Drain or Drains as may be

necessary and shall be. sufficient to carry off any Water which may, ooze

rjr pass through any of the Banks of the said Canals to the Prejudice of

any of the. Lands or Grounds contiguous thereto; and that all such

Arches, Tunnels, Culverts, Drains, Back Drains," and other Passages,

shall from Time to Time be supported, cleansed, scoured, and kept.in

good and sufficient Repair by the said Company of Proprietors; and if

at any Time or Times after One Calendar Month's Notice shall have been

given in Writing.by and on Behalf of the Owner or Occupier, Owners

or Occupiers of the adjacent Lands' or Grounds who shall find

himself,

herself,

or themselves aggrieved by. the Obstruction'of any such Water-

course's, to the Clerk to the said Company of Proprietors for the Time

being, the said Arches, Tunnels, Culverts, Drains, Back Drains, or other

Passages, shall riot be made, cleansed, or repaired and maintained acr

cording to the true Intent and Meaning of! this Act, then

arid

.in such

Case, and when and so often as the same shall so happen, it shall and may

be lawful to and for such Owner or Occupier, Owners or Occupiers,

having an Order in Writing for that Purpose from the said Justices, from

Time to Time, to make, cleanse, scour, and repair such Arches, Tunnels,

Culverts, Drains, Back Drains, and other Passages, in such Manner as

shall be found expedient, and the, reasonable Costs arid Charges thereof

(to be ascertained by the said Justices) shall be defrayed by the said Com-

pany of Proprietors, and in case of Refusal or Neglect to defray theisame

for the Space of Twenty-one Days after Demand thereof made upon their

Clerk for the Time being, such. Costs arid Charges shall and may be levied

and recovered in such and the same Mariner as the Costs and Charges qf

rnakihg and erecting Bridges and' other Works by the Owners and Occu-

piers of Lands, upon the Refusal or Neglect of the said, Company of

proprietors to make and erect'the same, are herein-before appointed and

directed

57°GEORGIJ III. Cap.lxm. 1563

directed to:be levied and recovered: Provided always, that such Owner

or Occupier, Owners or Occupiers of the Lands adjoining or contiguous

to the said Canals, shall, at the Time of giving such,Notice to the,Clerk

to the said Company as aforesaid, have his, her, or .their own Ditches,

Drains, and Watercourses leading to or from the said Canals, or to or

from the Trenches, Drains, and Watercourses belonging to the said Com-

pany, sufficiently cleansed and opened to convey the Water to and from

the same; and provided also, that nothing herein contained shall extend

to enforce the admitting of any Water arising from any Floods or Land

Floods into.the said Canals, or either of them, which may injure the

said Navigation.

LIII. And be it further* enacted,,That.;if .at any Time hereafter.the ™eCc2^

Ditches, Drains, or Watercourses belonging to the Owner or Occupier adjoining

of any Lands adjoining or contiguous to the said Canals, shall not be suf- Ditches and

ficiently open for the free Passage of the Water from, the Drains, Tunnels, Drains

at

the

Culverts, and Watercourses belonging to the said Company, of Proprietors,

SXPQ1^

°s

and the, same shall, not be remedied within One Calendar Month: after if neglected

Notice in Writing for that Purpose shall be given to such Owner or Occu- by them.

pier, or left at his on her usual Place of Abode by the Clerk ;to. the

said Company of Proprietors, it shall be lawful for the said Company

of Proprietors,'haying an Order in Writing: for that Purpose from

the said,Commissioners, from Time to Tiine, as often as there, shall

be Occasion, to order, cause and procure such Ditches, Drains, and

Watercourses as aforesaid, to be opened and cleansed in such Manner. a*s

may be necessary or expedient, and the reasonable Expences thereof (to be

ascertained and allowed by the said Justices) shall be repaid to the said Com-

pany of Proprietors by such Owner or Occupier as aforesaid; and incase

of Refusal to pay the same for the Space of.Twenty

rone.

Days after Demand

thereof,

the same shall and maybe recovered in such Manner as any Penalties

are by this Act directed to be recovered.

LIV. And whereas it may happen from sudden Floods, or from some For repairing

unexpected Accidents, that the said Canals, or the Locks, Weirs, Flood.

Damages

oc-

Gates,

Dams, Banks, Trenches, Aqueducts, or other Works belonging. FI00(JS) an(j

to the said Company of Proprietors, may be damaged or destroyed,: and' preventing

the.

adjacent Lands may thereby likewise beendangered and damaged.; and further

Da-

that it may be necessary the same should be immediately repaired or rebuilt "?af>e m

to prevent further Damage; be it therefore enacted, That when and so often

as any such Floods or Accidents shall happen,, it shall be lawful for the said

Company of Proprietors, or their or any of their Servants, Agents, or

Workmen, from Time to Time, without any previous Application to the

said Justices, and without any Delay or Interruption from any Person or

Persons whomsoever, to enter into any;

Lands,

Grounds, or Hereditaments

adjoining to'the said Canals, Trenches, Aqueducts, or other Worksv or any

of them, (not being the Ground whereon any House stands, or a Park,

Garden, or Ground planted as a Nursery for Trees, or an Avenue' to an

House), and, to dig for, get, work,

take,,

carry away, and use all such

Stones, Gravel, and other Materials, as may; be necessary or proper for

the Purposes aforesaid, without any previous Treaty whatsoever with the

Owner;or Owners* or Occupier, or Occupiers of* or other Person,or Per?

sons interested in such Lands, Grounds, or Hereditaments, or any of .them*

doing

1564 57°GEORGII HI. Cap.Un.

doing thereby as little Damage as the Nature of the Works will admit of,

and making Recomperice- to the Person or Persons sustaining such Damage

within the Space of Thirty Days next after the same shall be demanded, for

all Damages which shall or may be done by means of the digging

for, getting, working, taking, carrying away, and using such Stones,

Gravel and Materials, or any of them; all which Damages, and the

Satisfaction and Recompence to be made for the same, shall be adjusted,

assessed, ascertained, settled, and determined by the Ways and Means and

in the Manner herein-befdre prescribed with respect to any other Damages

to be done in the Course of making and completing the said Canals and

other Works.

Cosapeijsar

tion in, case

of Flood*.

Fresh Water

tobe supplied

the Canals

between the

River Arun

and Chiches-

ter Harbour.

TheCompany

empowered

to raise

126,0001.

among them-

selves.

Application

thereof.

LV. Provided always, and be it enacted, That the said Company shall

make ample and full Satisfaction and Compensation to the Owners and

Occupiers of any Lands, Hereditaments, and Premises that may be pre-

judiced or damaged by reason of any Floods or Accidents happening by

reason or in consequence of the making of the said Canal and other Works,

for all such Damage or Loss which they may respectively sustain by reason

of any such Floods or Accidents so happening as aforesaid ; the same to be

ascertained and settled, in case of Difference, in Manner aforesaid.

LVI. Provided also, and be it enacted, That in order to preserve the

Water of the said intended Canals and Cuts between the River Aruh and

Chichester Harbour from any Mixture of Salt Water, the same shall not

be supplied with any Water out of the said Harbour of Chichester; and in

case the same is supplied from the River Arun, then it shall be supplied at

such Times of the Ebb Tide as shall be not less than Two Hoiirs after

High Water, and from thence until not exceeding One Hour after Flood }

and that in order to prevent the Water of the said intended Canals and

Cuts from becoming putrid and stagnant, and thereby noxious to the

Health and offensive to the Persons inhabiting the Vicinity

thereof,

the

said Company of Proprietors, or their Committee of Management, shall

from Time to Time cause the said Canals or Cuts to be furnished with

a Supply of such Water as aforesaid, fully sufficient to keep the Water

of the said Canals and Cuts pare and free from noxious and offensive

Qualities ; the Extent and Sufficiency of such Sapply* in the Event of any

Dispute^

to>

be determined by the said Commissioners appointed under or

by virtue of this present Act.

LVIl. And to* the End that the' said Company of Proprietors may be

enabled to carry on the said Undertaking, be it further enacted, That it

shall and. may be lawful to and for the said Company of Proprietors1 to

raise and contribute among themselves, in such Proportions as to them

shall' seem meet and convenient, such Sum or Sums of Money as they

shall think necessary for. the making, carrying on, and completing of the

said Canals, Reservoirs, Aqueducts, Quays, Wharfs, and other Works

and Conveniences hereby authorized to be made, not exceeding in the

whole the Sum of

One*

hundred and twenty-six thousand Pounds (except

as herein-before

is.

mentioned)1*

and that the same shall be divided into such

Number of Parts or Shares as herejnyafter directed ;• and that nq Fersosi

subscribing to or becoming

a>

Proprietor in the said Undertaking shall bei

come a Proprietor of less than One Share j and that the Money- so

to»

be

raised1 as aforesaid, or a sufficient Part

thereof,

shall be laid out and ap-

9 plied

57aGEORGII III. Cap.Mn. IMS

plied in the first Place in Payment, Satisfaction, and Discharge of the

Costs,

Charges, and Expences attending the obtaining and passing of

this Act, and the making the proper Surveys, Plans, and1 Estimates, and

the doing and providing of all the Matters and Things preparatory and

previous thereto ; and that all the Residue of such Money shall be applied

or disposed of for or towards the making, carrying: on, completing, and

maintaining of the said Canals and other Works respectively, and for other

the Purposes of this Act.

LVIII. And be it further enacted, That the said Sum of One hundred

The Money

and twenty-six thousand Pounds, or such Part thereof as shall be so raised *?'?';c,,t? bo

and contributed

as

aforesaid, shall be divided into Two thousand five hun- shares which

dred and twenty equal Shares, and that such Shares shall be numbered in

8hall

b'euum-

regular numerical Progression, and every Share shall for ever afterwards bered in Pro-

be distinguished by the Number to be appointed for the same, and that all gre9i>>on.

such Shares shall be deemed Personal Estate, and be transmissible as such,

shares to be

and not of

the

Nature of Real Estate ; and the said Two thousand

five

hun- Personal

dred and twenty Shares shall be and they are hereby vested in the several Estate.

Bodies Politic and Corporate and other Persons subscribing for and under*

taking to raise and contribute the same, and their respective Successors,

Executors, Administrators, and Assigns, to and for their own respective

Use and Benefit, according and proportionably to-the Number of Shares

which they

shall

respectively subscribe for and undertake to raise and con-

tribute, and that all Bodies Corporate and other Persons, and their respec-

tive Successors,

Executors,

Administrators,

and Assigns who shall subscribe

for any Share or Shares in the said Undertaking, and pay such Sum or

Sums of Money as shall be demanded on account

thereof,

not exceeding

in the whole their proportionable Part of the said Sum of One hundred

and twenty-six thousand Pounds towards the. carrying on and completing.

the said Canals and such other Works

as

aforesaid, shall be entitled to and

receive, after the said Navigation shall be completed, a due and just Pro-

portion, according to their respective Number of Shares, of the clear

Profits and-Advantages which shall

or.

may arise or accrue by or from the

Rates,

Tolls, Duties, and other Monies to be raised, recovered, or re*-

ceived by virtue of this Act, and shall also from Time to Time bear and

pay a like, due, and just Proportion of the Money wanted for carrying

on the said Navigation and Undertaking in the Manner herein-after

directed.

LIX. And for the better securing to the several Subscribers towards the

Names of

said Navigation and Undertaking their respective Shares therein, be it Proprietors

further enacted, That the said Company of Proprietors, or their Com- andtheNura-.

rnittee of Management, shall, as soon as the same can or may be done, share" to

b'e

<:aus class="ls1">e

the Names and Additions of the several Persons who shall be entitled entered

in a

to any Share or Shares in the said Navigation and Undertaking, and the

Book,

and

Number of Shares to which they shall respectively be entitled, and also T'ckets wtn

the proper Number by which every such Share shall be distinguished, to NumDers to

be fairly and distinctly entered in a Register Book to be kept by the Clerk

be

delivered

to'the said Company of Propraetors, and after, such Entry to cause the to Ahem.

Common Seal of the said Company of Proprietors to be affixed -thereto,

which said Book shall from Time to Time be altered 'and corrected, and

new Books from Time to Time shall be sealed with the >said (Common Saal,

as the Change of Proprietors and Transfer of Shares shall render necessary

[Local.'] 18 A or

1566 57°GEORGII III. CapAxiil

or expedient; and the said Clerk shall also cause .as many Tickets or In-

struments to be prepared as.there shall be Shares in the said Navigation

and Undertaking, bearing respectively the same Numbers as in the said

Books,,and the Common Seal of the said Company of Proprietors to.be

affixed to each such.Ticket or Instrument; and thereupon to cause to be

delivered to every Subscriber towards the Navigation and Undertaking,

upon Demand, a Ticket or.Tickets specifying the Share or Shares to which

he or she is entitled in the said Undertaking; and every such Subscriber

shall pay to the Clerk to the said Company Two Shillings and Sixpence

and no more for every such Ticket or Instrument,- and every such Ticket

Or Instrument shall be admitted in all Courts whatever as Evidence of the

Title of such Subscriber, his or her Executors, Administrators, and Assigns,

to the Share therein specified,.but the Want of any such Ticket or Instru-

ment shall not hinder or prevent the Owner, of any Share from selling or

disposing

thereof,

or from receiving annually his Share, of the Profits of

the said Navigation and Undertaking in respect

thereof.

If

the Sum

of LX. And be it further enacted, That if the said Sum of, One hundred

126,0001.,,

is and twenty-six thousand Pounds, herein-before authorized to be raised,

the Co 6nt' sna^ De found insufficient for the making, completing* and maintaining of

may raise tne sa^ Canal and other. Works .hereby authorized to be made, and all

more among necessary Charges,and Expences^ relating thereto, then and in such Case

themselves, it shall be lawful for the said Company of Proprietors, after an-:Order or

iwr

10

WOl"

Resomti°n f°r that.Purpose shall, be made at a Special Meeting of the Pro-

' ' prietors, to be called by the Committee of. Management of the said Com-

pany of Proprietors, and of which Meeting Fourteen Days.previous Notice

shall.haye been'given in some Newspaper or Newspapers published and

usuallyt'circulated in

the.

said Counties of Sujfex and Hants, to vraise, in

such Shares and Proportions, and in.Manner and Form as herein-before

directed, any.further.or other Sum .or Sums of Money for,perfecting or

completing the said. Navigation

,

and

;

other Works, not exceeding Ten

thousand Pounds; and towards raising such further or other Sum orSums,

any Member or Members of the said Company of Proprietors shall,and

may in the .first Place, at his; her, or their Discretion, subscribe and

become a Proprietor or Proprietors of any of such additional Shares; and

in case such further Sum or any Part

thereof,

shall not;be raised and con-

tributed, among .the original.Members of the said Company of Proprietors

in the Space of Three Months after such Order or Resolution made,as,

aforesaid, the said additional Sum of Ten thousand Pounds, or any Part

thereof,

shall and .may be raised by the Admission of'new Subscribers;

and every such new Subscriber (if any) shall become a Proprietor in the

said Navigation and .Undertaking hereby'authorized to; be; made, and

shall be entitled to, exercise, and enjoy the same Powers, Privileges, and

Advantages, and shall be, also liable to the same Restrictions, Penalties,

and Forfeitures, as if such further of other Sum hereby allowed to be

subscribed for,and raised had.constituted Part of the original Sum hereby

authorized to be raised.

Or they

may

LXI. Provided always, .and be it further enacted, That if the said

raise the said Company of Proprietors .shall be desirous of raising by Mortgage of the

10,0001.

by g^j Navigation and Undertaking the said additional Sum of Ten thousand

Mortgage.

poun(js

or anv

part

thereof,

or in case the.said Company of Proprietors

shalli for the more speedy Completion of the said Canals or Cuts, be de*

sirous

57°GEORGII III. Cap.lxiil a

sirous of borrowing any further Sum of Money not exceeding the SW. ^

Forty thousand Pounds, in lieu of raising the same, or the Whole or any

Part

thereof,

by Calls under the Provisions of this Act, and shall make an

Order or Orders, or enter into a Resolution or Resolutions to that Effect

at any Special Meeting or Meetings of the said Company of Proprietors to

be called for that Purpose by their Committee of Management for the

Time being, and of which Meeting Fourteen Days previous Notice shall

be given in the Manner aforesaid, stating-in every such Notice the Purpose

thereof,

then'and in such Case it'shall and may be lawful for the said

Company of Proprietors, pursuant to such Order'pr Resolution, to borrow

and take up at Interest such Sums, or any Part or Parts*

thereof,

upon

the Credit of the said Navigation and Undertaking, as to them shall seem

meet and convenient; and the said Company of Proprietors are hereby

accordingly fully authorized and empowered to grant, assign, and make

over by way of Mortgage to any Person or Persons lending any such

Money, or by way of collateral Security to any Person or Persons who

shall borrow either of such Sums of Money, or any Part or Parts of either

of such Sums of Money for the Use of the said Company, the several

Toljs,

Rates, and Duties granted to them by this Act, or any Part

thereof;

the Costs and Charges of which Assignment shall be paid out of

the Tolls, Rates, and Duties, as a Security for the.Sum or Sums of

Money so to be borrowed, together with Interest for the same, unto the

Person or Persons who shall lend'-and advance any such Sum or Sums of

Money, or who shall have borrowed any such Sum or Sums of Money for

the Use of the said Company, or unto-his, her, or their Trustee or

Trustees j all which Assignments or Mortgages shall be made by Deed in

Writing under the Common Seal of the said Company, in fhe!Forni or to

the'

Effect following j (that is to say),

j^Y

virtue of an Act made in the Fifty-seventh Year of the Reign of Form of

His Majesty King

George

the Third, intituled [insert the Title of this Mortgage.

' Act\ we^he Company of Proprietors of the said Navigation, incorporated

' by virtue of the said Act, in consideration of the Sum of

c of lawful Money of Great Britain to us paid by

' , of do hereby bargain, sell, and assign unto the

* said , his Executors, Administrators, and Assigns, the said

* Navigation and Undertaking, and all and singular the Tolls, Rates, and

' Duties granted or arising and payable to us by virtue of the said Act,

' and all the Estate, Right, Title, and Interest of

us

the said Company of

' Proprietors, of, into, or out of the same respectively, to hold unto the

' said , his Executors, Administrators, and Assigns,

' until the said Sum of , together with Interest

« for the same, after the Rate of per

Centum

per

' Annum, shall be fully paid arid satisfied to him or them. Given under

* our Common Seal, this Day of

or in any other Form, or to any other Effect, which may appear to be bet-

ter adapted to the Circumstances under which any such Sum of' Money

shall be borrowed, or collateral Security given : And that all Persons to

whom such Assignments or Mortgages shall be made, shall be equally

entitled one with the other to the said Tolls, Rates, Duties, and Pre-

mises thereby assigned, according and in proportion to the Sums by them

respecstvely jerit and advanced.on the Credit thereof as aforesaid; without

any Preference by reason of the Priority of Date..of any such Assignment

or

A Memorial

of the Mort-

gage to be

entered by

the Com-

pany's Clerk.

Mortgage

may

be trans-

ferred.

m 57°GEORGII III. Cap.htii.

or Mortgage* or upon any other Account whatsoever; a;nd that the Money

stf to be borrowed aS;aforesaid shall be applied and: disposed of for the

carryifig 6ni completiligV dnd inaintaining of the said Navigatidn* and

other Wtirks hereby authorized to be made, and for carrying the' several

Powers and Authorities hereby given into Execution.

LXII. And be it further enacted) That an Entry or .Memorial 6f every

such Alignment or Mortgage as aforesaid* containing the Date

thereof,

the Name or Names a*nd Additions of the Party or Parties to whom the'

same shall be made, and the Slim thereby secured, with the Rate of Interest

to be paid for the sarne, shall

be;

made and entered in

"a

Book to be kept

for that Purpose by the Clerk to the said Company of Proprietors for the

Time being, and that sdch Book shall and may be perused gratis at all sea-

sonable Times by any of the Proprietors or Creditors 6f the said Naviga-

tion and Undertaking; and that all arid e'Very Person or Persons td whom

any such Assignment or Mortgage shall

be1

made' as aforesaid, or who shall

be.entitled to the Money thereby secured, shall

and1

may from Time to

Time assign'; transfer, and set Over, his* her, or their Right, Title, or

Interest therein uritoariy Person of Persons whomsoever, either: by Indorse-

ment thereonof otherwise ; which Transfer shall and may be made by a

Deed in Writings in the Form or to the Effect following; Videlicet,

Form of ' T in consideration of the Sum of

Transfer. « to me paid by of , do hereby

' transfer the within Mortgage (or a certain Mortgage made to me by the.

' Company of Proprietors'of the

Portsmouth

and Arundel Navigation, bear-

' irig Date the Day of ), and the

* Principal Sum of thereby secured, and the Interest

' now due and hereafter to grow due for the sarhe^ arid all my Right and

' Property therein* unto the said , his Executors^

' Administrators, "and Assigns. In Witness whereof I have hereunto set

* my Hand and Seal this Day o'f

Memorials of And that every such Transfer shall, within Thirty Days after the Date

the Transfer

thereof,

be produced to the Clerk to "the said Company of Proprietors,

to be

entered,

wfr0 shall thereupon cause an Entry or Memorial thereof to the same Pur-

port and Effect as herein-before directed with respect to the original Assign-

rneht or Mortgage to be rnadeor entered in the Book to be kept for enter-

ing the Memorials of such original Assignments or'Mortgages; and'that

afteVsuth Entry shall be"made, but nor.'before* such Transfer shall entitle

the Assignee or Assignees therein named, and his, her, or their Executors,

Administrators, and'Assigns, to the full Benefit of the original Mortgaged

Proprietors

to have a.

Vote for

every Share.

LXIII. And be it further-enacted,-That every Body Politic and Corpo-

rate,

arid all'and every other Person and Persons who shall by virtue of this

Act' have subscribed for, or shall become entitled to, and be in the actual

Pos'ses&n'of'One or niore-Share'or-Shares, .in the said Navigation* shall

be deemed -a Proprietor for.every such .Share-*.and shall have a Vote in

respect -of etaerysuch Share at all. Meetings .-jof the said Company of Prd*

pfcietx3rs,to jbe>iheId;H»ipurBuance of this Act for. carrying on the,said Navt*

gatibri.

and Undertaking^ or Irelaring thereto:; and «uch Vote or Votes 'shall

and.may in.aE Cases .tee given by Such BodyuPolitic or Corporate, arid

father: Person arid

Persons*

;or by thein,

his,

im her Proxy duly constituted

under the Seal of such Body Politic or Corporate, or the Hand or Hands

7 of

57° GEORGII III.

Cap.

lxiii.

1569

of such other Person or Persons, or in case of the Infancy of any such

other Person or Persons, then under the Hand or Hands of his, her, or

their Guardian or Guardians, such Proxy being a Proprietor of one or

more Share or Shares in the said Navigation; and that every such Vote by

Proxy shall be as good and valid to.all Intents and Purposes as if the Prin-

cipal or Principals had voted in Person, or being an Infant or Infants had

been of full Age; and the Appointment of every such Proxy shall and

may be made in the Form or to the Effect following; (that is to say),

T Proprietor {or we Guardians of Form of Apr

a Proprietor of Share or Shares P°'ntment of

in the

Portsmouth

and Arundel Navigation), do hereby nominate, con- tox^'

stitute, and appoint to be my {or his or her) Proxy,

in my {or his or her) Name, and in iny {or his or her) Absence, to vote

and give my (or his or her) Assent or Dissent to any Business, Matter,

or Thing relating to the said Navigation, which shall be mentioned or

proposed at any Meeting of the Proprietors of the said Navigation, or

any Adjournment

thereof,

in such Manner as he the said

shall think proper, according to his Opinion and Judgment,

for the Benefit of the said Navigation, or any Thing appertaining thereto,

until I {or we) or the said shall revoke this Ap-

pointment, by Notice in Writing to the Clerk to the said Company of

Proprietors., In Witness whereof I {or we) have hereunto set my Hand

{or our Hands) the Day of

And,that every Question, Matter, and Thing whatsoever, which shall be At Meetings

proposed, discussed, or considered at any Meeting of Proprietors to be all Questions

held by virtue or in pursuance of this Act, shall be finally determined by '"K ^i

the Majority of Votes and Proxies then present, computing One Vote to Majorit/.

every Share in the said Navigation as aforesaid; and that at every such chairman

Meeting one of the Proprietors present shall be appointed President or shall have

Chairman, who shall not only have such Vote or Votes as a Proprietor the carting

or Proxy for any other Person or Persons as aforesaid, but shall also, in Vote'

case of an equal Division, have the decisive or casting Vote; and if at any

Time Two or more Persons shall be proposed as President or Chairman,

and shall have.an equal Number of Votes, then the Persons so proposed

shall draw Lots for the said Office.

LXIV. And be it further enacted, That no Proprietor of any Share No Proprie-

or Shares in the said Navigation and Undertaking, either in Person or by tor to vote

Proxy, shall give a Vote or Votes in respect of the same at any Meeting "U

Call

paid.

of the said Proprietors, unless the same shall be standing in the Name of

such Proprietor in the said Register Book at and immediately before such

Meeting, and unless the Sums of Money from Time to Time called for

by the Committee of Management to be appointed as hereinafter men-

tioned, and due and payable lor or in respect of such Share or Shares,

and all Arrears

thereof,

shall be duly paid to the Treasurer or Treasurers

of the said Company of Proprietors.

LXV. And be it further enacted, That all Proxies shall be produced

Proxies to be

to the. Clerk to the, said Company of Proprietors, and entered in a

entered in a

Book or List to be kept by him for that Purpose, before any Vote B

shall be given in respect of such Proxies; which Book shall be sufficient

Authority for any Person deputed by such Proxies to give his Vote

[Local.'] 18 B without

1570

The Affairs

of the Com-

pany, except

in certain

Cases,

to be

managed by

a_Cornmif.tee

of Fifteen.,

57°GEORGII III. Cap.hiil

without Production of the Proxy at the Time of his Voting, until such

Pr'bxy is revoked!

L^CVI. And be it further enacted, That for the better carrying the

''Uk"es of this Act iritb Execution1, all the Affairs' and Business of tfie

General

fleeting of

Proprietors,

wliereNtobe

The General

Meeting of

Proprietors

to elect Mem-

bers of ,the

Co'mtni'ttee to

maria'gV.the,

Affairs 'of tfife

Company.

said Company'of Proprietors (except tyith respect to such Matters as afe

By this/Act expressly directed to be dcine at a Meeting or Meetings of the

Proprietors at large) shall be transacted arid Managed bf a Committee of

Fifteen Persons, to be from Time to Time appointed and elected, and qua-

lified in, the Manner herein-after mentioned; which said Committee of

Fifteen Persons shall be called The

Committee

of

Management

of the Ports-

mouth'and JrundelNavigation; and that in all Cases where the Committee

of Management is, mentioned in this Act it shall be deemed and construed

to mean the said Committee of Management of The Portsmouth and

Arundel Navigation, except where , otherwise expressed ; and that Sir

Lucius Curtis Baronet, Rear Admiral Peter Halkett, William Turner,

Trevor Hull Lethem, Moses Greetham, John Williams, William Gutfield,

John Snook, Thomas

Edgecombe,

and Robert Park, Esquires, together with

Five othgr Persons to be elected in the Maimer herein-after mentioned,

shall be the First Committee of Management, and shall continue in Office

for Three Tears from the. passing of

this!

Act, and until others, shall be

chos"en in their Stead; and that for the Purpose of electing the. Five,ad-

ditional Members of such Committee there shall be a General Meeting

of the Proprietors at

the,

Town Hall, in the .Town of

Portsmouth,

in the

County of

Hants',

/or 'some otrVer convenient Place in the said Town herli

after'tob'e fixe'd^'arid of which Ten Days Notice at least shall be given, in

Manner 'that other 'public Notice's of Meeting's are by this Act directed to'

b£ given, within S'i'x Weeks after the passing,of ,'tliis Act, at Elevehbf the,

Clock- in the Forenoon; and,ai like General Meeting of the Proprietors

srVallv be held' once,'jn every tuture Year, on the THircl Tuesday ih the

Month of iifay, at/Eleven of the "Clock in the Forehobri; at the Town

Hall, in the Towrijo'f Portsmouth aforesaid, or at such oiher Place in the

said Town as shall have been fixe'd uponfor that Purpose at tfte preceding

peneral Meeting; and that.at such First "General Meeting, arid al/s'o at

every subsequent General Meeting to be held on 'the .said Third Tuesdayln

the Month of May yearly, after the Expiration 6f Three Years\frb'iri,the

passing of this Act, the.said Proprietors, or such of them as shall be pre-

sent^ together with such Proxiesas/shall be present, shall 'elect arid make

Choice of Fifteen Pe'rsbri's, who shall be respectively Proprietors of Five

'br'rriore Shares irrtfie said.Navigation arid Und'e'rt'akirig, to be Member's bf

the said Committee to tri'anage'the Affairs and Business of the said Cbriipari'y

in lanne'r h'ereiri-afte^ directed, for the 'Space of One Year th'eri 'ti^x't

ensuing, and Until other, Persons/quaiified in like Manner shall be ele'cred

in their Stead, pursuant to the Directions of this Act: Provided always1,

In case a

suf-

ficient Num-

ber of Per-

sons for .the

Ejection of

Committee

shall not at-

tend, the

Meeting to

be'

adjourned.

arid in such Case no Election of'Corri'mitVee Men shall take'place at Such

peering, bin such Wiling Snail be adjourned %\hat Day Three WSells,

'to.pe,.'men h'olde'n at thi saWe'fiace, and'so Wtfni Tiriie to Time, 'xftffl

there shall be such?Persbris preterit at s'u'cft'GenSfal Meeting, hav'irig sucli

9 Number

57°GEORGII III. Cfljo.kiii. 1571

Number of Shares as aforesaid; and of every such adjourned Meeting Ten

Days Notice at the least shall be given in one or more Newspapers circu-

lated iri the said Counties of

Sussex

attd Hants respectively.

LXVII. And be it further enacted; That in case any Person or Persons No Persons

elected by the said Company as a Member or Members of the Committee holding a

6f the said Company shall die or refuse to act in the Execution of this

?lacfof

Pro"

Act, of shall cease to be entitled to Five Shares at the least in the said on'the Coft-

Undertaking, or shall hold of be in Partnership with any Person who shall mittee.

hold any Place, Office, Ernployrhefit, or Contract u'nder the said Com-

pany, then and in every such Case it shall and may be lawful to and for

the Committee to elect out of the said Company of Proprietors some

Person or Persons qualified as aforesaid to be a Member or Members of

the Committee of the said Company in the Room or Stead of the Member"

or Members of the Committee so dying or refusing to act, or ceasing to

be qualified, or holding or being in Partnership with any Person who shall

hold any Place, Office, Employment, or Contract under the said Com*

pany; arid every such Election of a Member of the said Committee shall

be submitted by the said Committee to the said Company of Proprietors at

their then next General or Special Assembly, when the Election of such

Person or Persons shall either be confirmed, or.such other Person 6r Per-

sons qualified as aforesaid shall be elected a Member or Members of such

Committee as the said Company of Proprietors at such General or Special

Assembly shall think proper; and every Person or Persons so elected shall

have the like Powers and Authorities, arid be subject to the like Rules,

Regulations, and Restrictions, as the Person or Persons in whose Room or

Stead he or they shall be so elected, and shall continue in Office as a Mem-

ber or Members of the Committee for such Time, and no longer, as the

Person or Persons in whose Room or Stead he or they shall be sb elected

would have continued in Office.

LXVIII. And be it further enacted, That a General Meeting of every

Meeting!

of

such Committee of Management shall be held for putting this Act into Committee,

Execution on the Second

Tuesday

next after the Day of their Election, and of

Manage-

a like General Meeting of the Committee of Management shall afterwards

be held TShree Times in every Year in the Months of Jug'ust, Noveriiber,

and

FebrStBry

respectively, at Eleven of the Clock in the Forenoon, at

such Place and on such Days as the said Committee of Management shall

at their preceding General Meeting appoint; of all which General Meet-

ings public Notice shall be given in some Newspaper or Newspapers pub-

lished or usu'ally circulated in the said Counties of

Sussex

and Hants respec-

tively, Seven Days at the least before the Time appointed for every such

Meeting; and it shall be lawful for the said Committee of Management,

at any G'enera' Meeting to be held in pursuance of this Act, to adjourn

themselves from Time to Time, and from Place to Place, as they shall

think proper and expedient.

LXIX. And be it further enacted, That the said Committee of Manage- Committee

ment shall at their First General and every other Meeting tb be held of Manage-

in pursuance of this Act, elect a Chairman out, of the Members of ment**•

thfir

such Committee then present to preside at such Meeting, and' that any Select*1"*

Five r more Members of the said Committee of Management, but not Chairman.

less,

shall be a sufficient Number to constitute a Meeting far the Purpose

of

1572

Questions to

be decided by

a Majority.

Chairman or

his Deputy

to have the

casting Vote.

If sufficient

Members do

not attend,

those present

or the Clerk

may adjourn.

57°GEORGII III. Cap.hml

of doing all Acts, Matters,, and Things, and exercising all the Powers

and Authorities hereby directed to be done by and vested in such Com-

mittee ; and that all Questions, Matters, and Things which shall be pro-

posed, discussed, or considered by the said Committee at their Meetings

to be held in Manner aforesaid, shall be decided and determined by the

Majority of Members then present, but no Member shall have more than

One Vote at any such Meeting,, save and except that, in case of an equal

Division, the Chairman shall, besides his own Vote, always have the castr

ing Vote; and if at any Meeting Two or more Persons shall be proposed

to fill the Office of Chairman, and shall have an equal Number of Votes,

then the Persons so proposed shall draw Lots for the same: Provided

always, that if, on the Day appointed for any such Meeting of the Com-

mittee of Management as aforesaid, there shall not attend so many Mem-

bers of such Committee as are hereby required to constitute a Meeting for

exercising the Powers hereby vested in such Committee, then and in such

Case, and when and so often as the same shall happen, the Meeting shall

be adjourned to that Day Week by the Member or Members then present j

or if no Member, by the Clerk to the said Company of Proprietors, or

such other Person as shall attend in his Place.

Appointing

Time of hold-

ing General

Meetings,

where the

Time is not

fixed at pre-

ceding one.

Appointing

a Treasurer.

LXX. Provided always, and be it further enacted, That in case no Time

shall be .appointed by the said Committee at any General Meeting for hokU

ing the then next General Meeting, in such Case the Clerk to the said

Company shall and may appoint the Time and Place for holding the next

General Meeting of the said Committee some Time in the Months of

August, November, ;and February respectively, as the Case shall require;

and also that the.said Clerk, at the Requisition in Writing of any Five, of

more of the said Committee, shall at any Time or Times convene a Meet

ing of the said Committee of Management for any special Purpose, to be

held at such Time and Place or Times and Places as shall be mentioned

in such Requisition, provided that the like Notice shall be given of such

Meeting in any such Case as is by this Act required to be given of the

holding of General Meetings.

LXXI. And be it further enacted, That the said Company of Proprietors

shall at their first Assembly elect and choose, and under their Common

Seal appoint, a Treasurer or Treasurers to the said Company; and in case,

by reason of any Negligence, Misconduct, or Inability in any Clerk or

Treasurer or Treasurers to execute such Office or Offices, it shall be re-

quisite to displace or remove him or them, then and in every such Case

it,

shall and may be lawful to and for the said Company of Proprietors, at

any General or Special Assembly to be held as herein directed, to remove

any such Clerk or Treasurer; and in case

any.

such Treasurer shall die, be

removed from, or quit the Service of the said Company of Proprietors,

then and in every such Case it shall and may be lawful to and for the said

Company of Proprietors, at any such General or Special Assembly, to

appoint any other fit Person or Persons to execute such Office or Offices

in the Place of the Person, or Persons who shall so die, be removed from,

or quit the Service of the said Proprietors.

Same Person LXXII. Provided always, and be it further enacted,- That it shall not

G^erk'an'd

**

^e l*™^ f°r tne sa^ Company of Proprietors to appoint the Person who

Treasurer. may be appointed to act as their Clerk in the Execution of this Act, or

the

57°GEORGII III. Cap.lxm. 1573

the Partner of any such Clerk, the Treasurer forthe'Purposes of this Act,

or to appoint the Person who may be appointed Treasurer, or the Partner

of any such Treasurer, the Clerk to the said Company of. Proprietors ;

and if any Person shall act in both the Capacities of Clerk and Treasurer

for the Purposes of this Act, or if any Person being > the Partner of any

such Clerk shall act as Treasurer, or being the Partner of such Treasurer

shall act as Clerk in the Execution of this Act, every Person shall for every

such Offence forfeit and pay the Sum of Fifty Pounds to any Person on

Persons who shall sue for the same, to be recovered in any of His Majesty's

Courts of Record at

Westminster,

by Action of .Debt or. on the Case, or

by Bill, Suit, or Information, wherein no Essoign, Protection, or Wager

of Law, nor more than One Imparlance, shall be allowed.

LXXIII. Provided always, and be it further, enacted, That the. said Security to

Company of Proprietors from Time to Time electing any such Treasurer be taken

or Treasurers as aforesaid shall direct such Security to be taken frOm him £,om *"e

or them for the faithful Execution of his or their Office, as they

in.

their

Discretion shall deem sufficient, and such Security shall be required and

taken accordingly before such Treasurer or Treasurers shall be permitted

to receive any Monies for or on.account of the said Company.

LXXIV. And be it further enacted, That it shall and may be lawful Committee

for the said Committee of Management at any such General Meeting as of Manage-

aforesaid, and they are hereby authorized and required, from Time to

™e'oj^ay

Time to nominate and appoint a Clerk or Clerks, and a Superintendent clerks, &c.

or Superintendents of the Works of the said Company of Proprietors, if

they shall think it expedient; and such Engineers, Surveyors, Collectors

of the Tolls, Rates, and Duties herein-after granted, and other Officers

(except the Treasurer or Treasurers), as the said Committee of Manage-

ment shall think proper and expedient for the better carrying the Purposes

of this Act into Execution, the said Committee always taking good and taking Secu.

sufficient Security from all Collectors, and other Officers who shall have rity from

the Care and Custody of any Money to be raised and .received by virtue

1^°^^°

^

of this Act, for the faithful Discharge of the Trust reposed, in them ; and 0f Monies.

also from Time to Time to discharge and dismiss any such. Clerks,.Super-

intendents, Engineers, Surveyors, Collectors, or -other Officers, and ap-

point others in their Stead, as there shall be Occasion; and that al] such

Clerks, Superintendents, Engineers, Surveyors, Collectors, and other

Officers of the said Company of Proprietors, who shall at any Time quit

or be dismissed from the Service of the said Company, and the respective

Executors or Administrators of those who may happen to die, shall im^

mediately thereupon produce and deliver up to the said Committee, of

Management, or to such Person or Persons

as.

they shall direct, all Books*

Accounts, Writings, and Papers whatsoever, which shall be in.the Cus-*

tody or Power of such Clerks, Superintendents, Engineers, Surveyors,.

Collectors, or other Officers, Executors, or Administrators respectively,

in anywise relating to the said intended Navigation and Undertaking; and

the said Committee of Management, or any Sub-committee or Sub*

Committees to be appointed in Manner after mentioned, shall also have

full Power and Authority, and they are hereby required, at the General

Meeting to be heldannually in the Month of May as aforesaid, to call for,

audit, and settle all Accounts of Money received, paid, laid .out, and

disbursed up to that Time, for" or on account ofthe. said Company of

{Locals 18 C Proprietors,

1574 57°GEORGII III. Cap.Wm.

Proprietors, by the Treasurer or Treasurers, Collectors, and other Officers

so to .be appointed as aforesaid, or by any other Person or Persons to be

employed on behalf of the said Company, in or about the said intended

Navigation and Undertaking: Provided always, that it shall be lawful

for the said Committee to call for, audit, and settle such Accounts^ or

any of them, oftener than once a Year, if they shall deem it expedient

so to do: Provided also* that in case of the Death, Removal, or Re-

signation of the Clerk'to the said Company, the said Committee of

Management shall,; and they are hereby required, within One Month

after such Death, Removal, or'Resignation, to elect another Person in

his Room.

Officers te LXXV. And be it further enacted, That every such Treasurer, Engi-

accouot. neer, 'Superintendent, Surveyor, Clerk, "Collector, arid every other Officer

and Person so to be appointed as aforesaid, shall under their Hands, at

such Time and Times, and in such Manner as the said Company of Pro*

prietors, or their Committee of Management-shall direct, deliver to the said

Company of Proprietors, or to the said Committee, or to'such Person or

Persons as they shall respectively appoint, true and perfect Accountsin

Writing of all Matters and Things committed

to

.their Charge by virtue of

this Act, and also of all Monies which shall have been by such Treasurer,

Engineer, Superintendent, Surveyor, Clerk, Collector, Officer or Officers,

and Person or Persons respectively received by virtue and for the Purposes of

this Act, and how much thereof hath been paid and disbursed, and for what

Purposes, together with the proper and legal Receipts orVouchers for such

Payments; and shall pay all such Monies as shall remain in their respec-

tive Hands to the said Company of Proprietors, or to the said Committee

of Management, or to such Person or Persons as they respectively shall

appoint; and if any such Treasurer, Engineer, Superintendent, Surveyor*

Clerk, Collector, Officer, or Person, shall refuse to produce or deliver up

such Receipts or Vouchers, or to make Payment as aforesaid, or shall not

deliver to the said Company of Proprietors, or to the said Committee, or

to such Person or Persons as they shall respectively appoint, within Twenty-

one Days after being thereunto required by the said Company of Pro-

prietors, or by the said Committee, all Books, Papers, and Writings in

his or their Custody or Power relating to the Execution of this Act, or

shall refuse or neglect to pay such Monies as upon the Balance of any

Account or Accounts shall appear to be in their respective Hands to the

said Company of Proprietors, or the said Committee, or as they respec-

tively shall direct or appoint, then and in any of the Cases aforesaid the

said Company of Proprietors may and they are hereby, authorized and

empowered to bring or cause to be brought any Action or Actions against

the Treasurer, Engineer, Superintendent, Surveyor, Clerk,

•

Collector^

Officer or Officers, Person or Persons, so neglecting or refusing as afore-

said, for the Recovery of the Monies that shall be in the Hands of such

Treasurer, Engineer, Superintendent, Surveyor, Collector, Clerk, Officer

or Officers, Person or Persons respectively; or if Complaint shall be made

by the said Company of Proprietors, or by the said Committee, or by

such Person or Persons as they respectively shall appoint for that Purpose

of any such Refusal or Neglect as aforesaid, to any one or more of the

Justices of the Peace for the County, City, or Place wherein the said

Treasurer, Engineer, Superintendent, Surveyor, Clerk, Collector, Officer

of Officers, Person or Persons, so neglecting or refusing, shall be or re-

x

i side,

57°GEORGII III. CapAxm. 1575

side,

such Justice or Justices may, and he and they is and are hereby au«

thbrized and required, by a Warrant or Warrants under his and their

•Hand and Seal or; Hands and Seals, to cause the Treasurer^ Engineer,

Superintendent, Surveyor, Clerk, Collector, Officer or Officers, Person

or Persons, so neglecting or refusing, to be brought before him or them ;

and upon his or their appearing, or having been summbned, and not ap-

pearing, without giving some reasonable Excuse for such Non-appearance^

to the Satisfaction of such Justice or Justices, or not being to be found, to

liear and determine the Matter in a summary Way; and if upon the Con-

fession of the Party or Parties, or by the Testimony of any One or more

credible Witness or Witnesses upon Oath (which Oath such Justice or

Justices is and are hereby empowered to administer), it shall appear to

such Justice or Justices that any of the Monies which should have been

collected and raised by virtue of this Act shall be in the Hands of such

Treasurer, Engineer, Superintendent, Surveyor, Clerk, Collector, Officer

or Officers, Person or Persons, such Justice or Justices may and is and

are hereby authorized and required, upon Non-payment

thereof,

by a

Warrant or Warrants under his or their Hand or Seal or Hands and

Seals,

to cause such Money to be levied by Distress and Sale of the Goods

and Chattels of such Treasurer, Engineer, Superintendent, Surveyor,

Clerk, Collector, Officer or Officers, Person or Persons respectively;

and if no Goods or Chattels of such Treasurer, Engineer, Superintendent,

Surveyor, Clerk, Collector, Officer or Officers, Person or Persons respec-

tively, can be found sufficient to answer and satisfy the said Money and

the Charges of making and levying the

same;

or if such Officer or Officers,

Person or Persons, shall still persist in refusing or neglecting to deliver up

all such Books, Papers, and Writings as aforesaid to the said Company of

Proprietors, or to the said Committee, or

as

they respectively shall appoint,

then and in any of the Cases aforesaid such Justice or Justices shall com-

mit every such Offender to the Common Gaol for such County, City, or

Place, there to remain without Bail or Mainprise, until he shall give and

make a true and perfect Account and Payment as aforesaid, or till he shall

compound with the said Company of Proprietors, or with the said Com-

mittee, and shall have paid such Composition in such Manner as they re-

spectively shall appoint, and until he shall deliver up such Books; Papers,

and Writings as aforesaid, or give Satisfaction in respect thereof to the

said Company of Proprietors, or to the said Committee:' Provided always,

that no Treasurer, Engineer, Superintendent, Surveyor, Clerk, Collector,

Officer, or Person so committed for want of sufficient Distress, shall be

confined or detained in Prison by virtue of this Act for any longer Space

than Three Calendar Months.

LXXVI. And be it further enacted, That all Books, Accounts, Writ-

Books,

Ac-

ings,

and Papers whatsoever, which shall be in the Custody of any such counts, &e.

Treasurer, Engineer, Superintendent, Surveyor, Clerk, Collector, and £ec^repto_

every other Officer and Person so to be appointed as aforesaid, his Exe- pert_ 0f

tjj"e

cutors or Administrators respectively, in anywise relating to the said in- Company.

tended Navigation and Undertaking, shall be and the same are hereby

declared to

be,

and shall be construed, deemed, and taken to.be, the Right

%nd Property of the said Company of Proprietors.

LXXVll. Provided always, and be it further enacted, That it shall and Clerk may

itfay be lawful for the said Clerk to the said Company :6f Proprietors, appoint a

with Deputy.

1576

Committee

of Manage-

ment mar

make Calls

for Money,

and may

contract for

and purchase

Lands, and

treat and

agree con-

cerning Da-

mage, Sec.

57*

GEO'R-G

U III. Gy.brfiL

with the Consent.of ;the

s;aid

.Qpnfttfittee, of Management,- tp- be given at

any ;G;eneralr;]VIefctir>g *of such Committee,

-

b.y! a.ny Writing mhder his

Hand;, to"

a;ppqiritv.

pne or- more-Deputy or Deputies; and 'all;-Acts re-

quired

tqibe.

dofte-ky-the s'aid,Glerk, and all Notices, and Processes;which

bykthis.Act may

.be;

served^- iipbti the said Clerk, shall be equally goodj

sali'dyi binding,

-

and -effectual', if done by or served upon such Deputy or

Deputies.

LXXVIII* And be it further enacted,.That the Committee of Manage-

ment-shall also have full Power and Authority from Time, to Time, at' any

Meeting of .the said Committee;to:be,held in pursuance of the said Powers

and Provisions of .this Act, tornake.suqh Call or Calls, for Money from the

seyeralProririetbrs" of the'said.'Nayigatioh:, and Undertaking, in order to

defray^thfe Experic.es !of or carrying on

•

the samfej as;they, shall from Time

to Time-find wanting

[and;

necessaty-for those Purppses, so that no such.

Call shall-exceed-the Surn of Five Pounds for or inrespect of every; Share

in the said Navigation and:Undertaking,' and so that no such Calls be made

but at the Distance of Three Calendar Months.-at least from each other,

and so that Twenty-eight Days-Notice at .least shall be given of every such

Call by Advertisement in; some Newspaper, or Newspapers published or

usually circulated in the said Counties of Sussex and Hants respectively,

and also in some London Newspaper or Newspapers; all which Money so

to be called for. as aforesaid shall be paid'into the Hands of the Treasurer

pr:;Treasurers of the said Company, of ;Prpprietdrs,.so to.be issuedj/.paidi

and. applied for carrying, on the said -Navigation, and Undertaking;, •ih.suQri

Manner as the. said Committee of- Managejn^nt^shjllj from Time; to Time

order and;.direct;, and; that the said Committee:©/Management shall have

full Poker^and Authority

at;

every,

such;

Meeting as aforesaid to contract

fqriand purchase all such T,a'ndsj Tenements,; or Hereditaments, and all

such Matters and other Things as shall-or may.be wanted for the said

Navigation and other Works hereby, authorized to be made, and; to treat

and agree with any Person or Persons whomsoever touching the Compen-

sation to be made for any Damages to" be done in the-Exercise of the

Powers hereby given';

•

and'

to enter into' and make such Contracts or Agree-

ments with any Engineer.' or Engineers,, Surveyors, Agents,-Workmen^

Servants, or other Persdn.s, "in.' and: about or. for the carrying

on.

the said

Navigailioh:.arid, qther Works/ or, any. Part

thereof,

as shall be thought

expediehtjy.arid'to/ente.r

into,

and make all such Contracts, -Bargains, arid

Agfe'emetnts;-whatsoever, -touching ..or. in .anywise concerning^ the /said

Undertaking, as they.or. he. shallcthink proper.; and to;order and direct

how the several Works shall from Time .'to Time- be; carried; on,. anU

generally to direct arid manage ali and singular the Affairs and Busi-

nesses vof the

said.

Company of Proprietors,-.and t'q do, execute, and per-

form-all

Acts,:

Matters; -and; Thing^which the said. .Company, are.bjr

this Act authorized'a'ndierhpbWere'd'rto-'dq,'.save and except (such; only

as are hereby expressly; directed 'to/be done by :the Proprietory laj; :large

at any Meeting or; Meetings -of such Proprietors

'to-;

be'-hferd--as:herein

mentioned.

Two-thirds LXXIX. Provided.;alwftysra'nd.be it further enacted, That in order to

oftheMoney

jnsure

the Completion of'so much of ^the*said intended Canals and Cuts

to be applied ag aye ;ntended

to"

be situate between the River Artln .and

the.

Harbour,of

CuT&the0 Chichester

>

with as much Expeditipa as possible, the said Company of Pro-

prietors

°GEORGII III. Cap.lxiii. 1577

prietors or their Committee of Management shall and they are hereby River Aran

required-to- lay out-aiid^expend at least Two eqiial Thir.diPafts °f -all- the

*P

Chichester

Monies- which shall from Time -to-Time

be:

raised 4bylCalj.Sj 'or borrowed Har^our-

under the Provisions j and 'for' the Purpdses. of

this;.

Act,/i£ sp niuch be

necessary, infmaking-and exeeuting so much of the said Canals and Cuts

as are situated betweeh the River dt-un arid! the Harbour •pirGBicbesteri

until

the.

said -Part of the said Canal shall be fully completed*

LXXX. And-be it further "enacted, That all and every person and'Per- Forcompel-

sbns who'hath or have already subscribed, or who shall hereafter subscribe, ling Payment

to advance any Money for: and towards the making aM.rnaihtaihirig of of Subscrip*

the

;said:

Canals :and other Works hereby authorized to be made

as:

afore- tlon"'

said; shall paylthe'Suni or Sums of Money by them respectively.subscribed

or to ;be subscribed; or such Part or Parts thereof as shall-from Time to

Time be called for by the Committee of .Management of the said Company

of Proprietors, by virtue of the Powers, and: pursuant to the Direction of

this Act, at such Times and Places as'shall be appointed for, that Purpose

by. the said Committee in the Manner herein-before mentioned; arid in

case any Person or Persons shall:neglect.or.refuse to pay the Sumor Sums

so.

to! be called for from him, ;her, or them,;, at,the.Time. and in the

Manner to be appointed for: that Purpose' as.aforesaidj ,: lawful

for the said Company of .Proprietors tosue for ;and.recover, the.same in any

'of His Majesty's Courts of Record.!at Weiiminster^in. an, Action of Debt*

or, in an Action;of> Trespass upon the.Case upon Promises; or'in: an Action

upon:the,Case in,Torti. as they.shall deem most,expedients

LXXXI. And'be^it further enacted, That it shall be lawful for the Coni4 Commute*

mittee, of Management,; at any; such General Meeting as aforesaid, to of Manage-

nominate and appoint out of their own Body One or more Subcommittee men.tmayap-

or Sub-committees (every such Sub-committee to consist :of.Five or more ^mittee"

Persons'^ who shall.have' full;Power arid.Authority to enter into and make with Powers

any such'Gontracts or Agreements oh behalf of.the said Company of Pro-

to.

make

Con*

prietors as-aforesaid,, and to hire and employ any Agents, Workmen, and tract5> &c'

Servants in and;about'the said Undertaking, and..to; do, execute, and

perform all other 'Matters and Things whatsoever,.'ih and.about the.said

Naviga'tion:and Undertaking^'. which the said .Committee of Management

are themselves herein-before authorized to

do,,

or such of them as the said

Committee of Management shall think proper to intrust to the Care and

Management of any such Sub-committee or Sub-corhmittees;(save and ex-

cept nevertheless the appointing of Clerks, Collectors, Engineers, Sur-

veyors, .and other principal Officers, and the making Calls:fprMoney, upon

the Proprietors of. the'said Navigation and Undertaking, all which; shall

be done: by the .said. Committee, of Management only;. as hereirirbefore

directed); and it

.shall"

also

be lawful for the said Committee, of Manage-

ment, by.:an Order or Resolution for that Purpose atany General Meeting,

to break:upland dissolve anyJsuch Sub-committee or Sub^pmmittees,: or

to rem.py e or displace tany; Member or Mernbers

thereof,,

and-appoint some

other or others in his or. their

Place"

or Stead, when;

art4\

so often: as such

Committee of Management shall think proper and expedient;; and such

Sulj-commtttee.shan

have:

full Power and Authority to ineet from Time to

Timev^nd; adjourn fromPlace to Place, as they shall think proper, and as

Occasipntshajl.requirei fox efl^ctuating the Purposes as aforesaid;; and all

Powers .and Authorities hereby vested, or'which shall by the said Com*

[Local] 18 D mittee

1578 57°GEORGII III. Cap+htm.

mittee of .Management be vested in any such Sub-committee, within the

Injtent and Meaning of this Act, shall and may be exercised by the rftajor

Part of the Members present at their respective Meetings (the whole-Num-

ber of Members present not being less than Three); and at all Meetings

of such Sub-committees respectively, one of the Members present' shall

be.appointed President or Chairman; and all Questions shall be decided

by the Majority of Votes, and the President or Chairman shall, besides.

his own

Votej,

have the casting Vote, in case of an equal Division, but

no other Member shall have more than One'Vote.

Committee

of Manage-

ment and

Sub-com-

mittees to

keep Ac-

counts of

Monies re-

ceived and

paid, fccc.

Expences of

Committee

of Manage-

ment and

Subcom-

mittees to

be defrayed

by the Com-

pany; and

Treasurer to

be drawn on

for-the same.

LXXXII. And be it further enacted, That the said Committee of

Management, and also every such Subcommittee as aforesaid, shall enter

or cause to be entered into Books, to be provided for that Purpose" at the

Expence of the said Company of Proprietors, a full and true Account of

all Monies disbursed and Payments made by such Committee and Sub-

committees respectively, and by all and every Person and Persons employed

by or under them, and of all Monies which shall be paid to or rec'eived

by them respectively, for or on account of the said Company of Pro-

prietors ; and also a full and true Account, and proper Notes and MinuteSj

of every Contract, Bargain, and Agreement which shall be entered into

by them respectively for or on behalf of the said Company of Proprietors^

and of all and singular their respective Orders, Transactions, and Pro-

ceedings whatsoever in and about the Affairs and Business of the said

Company; and all reasonable Expences to be incurred at or by the re*

spective Meetings of the said Committee of Management, and of such Sub±

committees respectively as aforesaid, shall be paid and defrayed out of the

Cash or'Stock of the said Company of Proprietors; and such.Committee

of Management and Sub-Committees respectively shall and may, from

Time to Time, draw for the Amount of such Expences respectively upon

the Treasurer or Treasurers to the said Company; but no other Money

shall be issued or paid by the said Treasurer or Treasurers, for or on ac-

count of the said Company of Proprietors, without an Order being made

for that Purpose by the Committee of Management at some such Meeting

as,aforesaid, nor without a Draft or Order* signed by Five or more.of the

Members of the said: Committee of Management; and every such'Book',

and all such other Books, Papers, and Writings, belonging to the said

Gompany of Proprietors, shall at all reasonable Times be opened to the

Inspection of all the said Proprietors, who may take Copies thereof or

Extracts therefrom.without Fee or Reward<

Sub-com'

mittee to LXXXIII. And be it further enacted, That every such Sub-committee

so to be appointed as aforesaid shall from Time to Time make Reports of

oTtfTei^Pro? their Proceedings to tJle Committee of Management, and' shall at all

ceedings. Times be subject to the Examination and Control of such Committee of

Management, and shall pay due Obedience to all their Orders and Direc-

tions in and about the Affairs and Business of the said Company, so as

such Orders and Directions be not contrary to the express Directions',

Regulations, or Provisions contained in this Act.

Company of

Proprietors

may make

Bye-laws.

LXXXIV. And be it further enacted, That the said (gompany of Pro*

prietors. shall also have full Power and Authority from Time toTime^at

any General Meeting of the said Contpany of Proprietors to be held ih

Manner herein-after mentioned, to make such Rules, Orders, and-Bye^

4 laws

57°GEORGII III. G^.lxiii.

laws as to them shall seem meet and proper for the good Government of

the said Company of Proprietors, and for regulating the Proceedings of

the.said Committee of Management and Sub-committees respectively, and

for the regulating of all Officers, Workmen, and Servants, to be employed

in or about the Affairs or Businessesof the said Company of Proprietors,

and for the well and orderly using of the said intended Navigation, and

the Tunnels, Locks, Sluices, Weirs, Hatches, Aqueducts, Railways,

Rollers, Feeders, Wells, Trenches, Levels, Reservoirs, Stanks, Dams*

Wharfs, Cranes, Warehouses, Towing Paths, Ways, Roads, Gates,

Bridges, Culverts, Engines, and other Works thereto belonging* and for

regulating the Commencement, Continuance, Suspension, Cessation, Turn*

and Order of the passing and repassing and navigating of all Vessels, Boats,

and.Barges, Persons, Horses, and Carriages; and:the'Structure, Dimen-

sions,

Forms, and Manner of Building of all such Vessels, Boats, Barges,

and Carriages, as shall from Time to Time be Used upon the said Canals,

Navigation, Railways* Towing Paths, Road-ways, or Wharfs, and of

the Oars, Poles, Wheels, and other Implements to be used above or

with: the same respectively ;• and the conveying of all Goodsj Wares, and

Merchandize, which shall be navigated or conveyed'thereon, >and for the

orderly Behaviour of all Bargemen, Watermen, Boatmen, and others

who shall be employed in carrying or conveying any such Goods', Wares',

or.

Merchandize, and for the Superintendahce and Management of the said

Navigation in all other Respects whatsoever; and from Time to Time to

alter and repeal siich Rules, Orders, and Bye-laws, or any of them, and

to make others* and to impose and inflict such reasonable Fines arid Fori

feitures upon all Persons offending againstsuch Rules, Orders, and Bye-

laws,

or any of them,, not exceeding the Sum of Five Pounds for any One

Offence, as to the said Company of Proprietors shall seem nieet and expe*

dient; and all Rules,-. Orders, and Bye-laws so to be made as aforesaid,

being, reduced into Writing, and the Common Seal of the said Company

of Proprietors thereto affixed, shall be binding upon and be observed

by all Persons using or in anywise concerned in the said Navigation and

Works, and shall be sufficient in any Court of Law or Equity to justify all

Persons who shall act upon the same; provided that such Rules, Orders,

and Bye-laws be not repugnant to the Laws of that Part of the United

Kingdom called England, or any of the express Directions or Provisions

of- this Act; and provided, that Copies of such Rules, Orders, and Bye-

laws,.

or such of them as shall concern or relate to the using of the said

intended -Navigation and Works, and the Tunnels, Locks, Reservoirs

and Aqueducts, Roads and Ways, belonging thereto; or to the Conduct

and Behaviour of Bargemen, Boatmen, Watermen, and others convey-

ing Goods thereon, or to the Conduct and Behaviour of any Officers,

Servants, or other Persons employed in or about-the said Navigation and

Works, or of the Persons resorting to or making use

thereof,

shall be

Written or printed in large Characters, and be affixed and continued in

some conspicuous Place of Places upon or near adjoining all the Wharfs

on the said Navigation* and renewed as often as the same shall be oblite-

rated or defaced*

LXXXV. Provided always, and be it further enacted, That in all Cases Authehti-

of Prosecution for Offences against the said Bye-laWs, the Production of a cated Bye-

printed Paper, purporting to be the Bye-laws of the Company, and authen- law,>

ticated by the engraved or printed Impression or Copy of Impression of

such

1579

1580

Committee

of Manage.

ment may

call Special

Meetings of

the Proprie-

tors at large.

Proprietors

to pay their

Shares of the

Money called.

for at the

Time ap-

pointed.

57°GEORGII III. Cap.Mil

such .Bye-laws, having the Common Seal of the Company affixed thereto*

shall be sufficient Evidence of the Existence of such Bye-laws, and it shall

be sufficient to prove that a printed Paper, in Characters sufficiently plain*

purporting

to"

be a Copy of such Bye-laws, hath been affixed and published

in Manner aforesaid, and, in case of its being afterwards displaced or da-

maged,'hath been replaced1 with;another such Paper as soon as conveniently

might, in some conspicuous Place upon or near adjoining the Place where

tlje Offence was committed; unless Proof shall be adduced by the De-

fendant that such printed Paper is not a Copy of such Bye4aws, or hath

not been duly kept up and generally continued in such Wharf in Maniief

aforesaid*

LXXXVI. And be it further; enacted, That if it shall at any Time"

appear to the Committee ofvManagementj or to-;Tenor more Proprietors

of Five Shares at the least, -to be necessary; or expedient to call a Special

Meeting of the Proprietors at large for the more effectually putting this

Act in Execution,-'or in order to take their Opinion respecting any Mat-

ters or Things to be done in or about-the said-Navigation, or respecting

any:Matter or Things in which the Interest of the said Navigation and

Undertaking, the Extent of its Trade, or the Interests of the Proi

prietprs, is in any. respect implicated or concerned,' it shall be lawful for

the said'Committee of Management pursuant to an Order or Resolution

fqr. that Purpose, to be made at any Meeting of the same Committee, or

for the Clerk of the said Company of Proprietors, upon the Requisition

of any Ten or more of the Proprietors of Five Shares or more in the said

Undertaking, to call a Special Meeting of

•

the Proprietors at large by

public-Advertisement in some Newspaper or Newspapers published or

usually circulated in the said Counties of Sussex and Hants respectively,

and also in some London Newspaper or Newspapers, specifying in such

Advertisement the Cause of calling such Special Meetings and the Time

and Place when and where the same shall be held, the Time not being less

than Fourteen Days after such Notice shall be, given; and the Company

of Proprietors are;hereby authorized and required to meet'according to

such Notice, and to take into Consideration the Matters to be submitted

to them by. the said Committee of Management, or expressed in such

Requisition and specified in such Notice

;•

and the Decision and Determi-

nation of the Proprietors present at such; Meeting, or the major Part oi

them,: according to the Number of Votes they shall have a Right to give,

either as Principals or Proxies, respecting such Matters only, shall behind-

ing and conclusive upon, the rest of the Proprietors to all Intents and

Purposes,, and shall be observed and acted upon accordingly.

LXXXVIL And be it further, enacted, That every Proprietor of any

Share or Sharesjin the said Navigation shall from Time to Time pay his

or:her Proportion of the,Money so to be called for, as herein-before .is

mentioned;, into, the Hands of-the Treasurer or Treasurers to the said

Company, ;at such Time; and Place ;as shall be appointed for that Purpose

by the Committee of Management making such Call^ and of which Notice

shall be given as herein-before is directed; .and that if any Person or Per-

sons shall neglect'or refuse-to pay his, ,'her,

-

or their proportionable Part

of the Money so

to.

be-called for as aforesaid> at the-Time, and Place which

shall be appointed for that Purpose.in Manner, aforesaid, it shall be lawful

for the said Company of Proprietors,»'in'case'theyjshall so think fity to sue

for

57°GEORGII HI. C^.lxiu. 1581

for and recover the same, together

with ^h'e

Penalty herein-after mentioned,

in any of His Majesty's Courts of Record at

Westminster,

by Action of

Debt or on the Case; and the Person or Persons so neglecting or refusing Persons

to pay' such his, her, or their proportionable Part of such Money in Man- ™ak,ng pe-

ner aforesaid, shall forfeit to the said Company of Proprietors, if such Pay- f*||

pj°e

or"

ment shall not be made within Thirty

Days;

next after the Time appointed Shillings per

for Payment of the same, the Sum of Five Shillings per Share; and if

Share,

if Pay-

such Payment shall not be made within Sixty Days next after the Time ments not

appointed for the Payment of the same, the Sum of Ten Shillings per JJjJj "D**?

Share, for and in respect of every Share of such Person or Persons, in andVenShili

respect whereof such Person or Persons shall so neglect or refuse to pay lings per

his,

her, or their proportionable Pait of the Money, so to be called for as Share.ifwith-

aforesaid, for the Space of Three Calendar Months after the Time- to be ^ Slx.ty , .f

appointed for Payment thereof as aforesaid, together with the said Penalty calls not

of Ten Shillings per Share as aforesaid ; and if the same shall not have answered in

been sued for by the said Company of Proprietors as aforesaid, or if sued Xhree

for, shall not have been recovered by them, then and in such Case the shares to be

Person or Persons so neglecting or refusing shall, if the said Committee forfeited.

pf Management shall so determine, but not otherwise, absolutely forfeit

all his, her, or their Share, Part, or Interest, in the said Undertaking, and

all Profit and Advantage

thereof,

and all Money theretofore advanced by

him, her, or them, on account

thereof,

to and for the Use and Benefit

of the other Proprietors of the said Navigation; and all Shares which

shall or may be

so

forfeited shall be sold by the said Committee of Manage-

ment by Public Action, for the most Money that can be gotten for the

same; and the said Penalty of Five Shillings per Share, or Ten Shillings

per Share, as the Case may be, and the Produce of the Shares so to be

forfeited and sold, shall be and the same respectively is and are hereby

directed to be paid to the said Treasurer or Treasurers, and applied" in

making, furnishing, completing, and maintaining the said Navigation and

Works: Provided always, and if there shall be no Bidder for such Share

or Shares at such Auction for the Sale

thereof,

the same Share and Shares

shall, or may- be sunk and merged in the rest of the Shares in the said

Navigation, if the said Committee of Management shall think fit ; and in

that Case the Name or Names of such Proprietor or Proprietors, and the

Number or Numbers of

such

Share or

Shares,

shall

be expunged and struck

out of the Books of the said Company.; and the said Committee of

Manage-!

ment shall and may in such Case borrow and raise any Sum of Money not

exceeding the Amount of Fifty Pounds a Share on the Number of Shares

so forfeited and merged, and to secure the same with Interest in like Man-

ner

as.

the said Company are enabled by this Act to borrow and secure

any Sum or Sums of Money for

the

Purposes herein mentioned: Provided

Shares not

always nevertheless, that no such Forfeiture of any Share or Shares in the

to be

forfeit-

said Navigation and Undertaking as aforesaid shall take place until after

!!*

^f1 thout

personal Notice shall be given by the Treasurer or Treasurers or;Clerk of wkhouVbs-

the said Company of Proprietors to the Owner or Owners

thereof,,

or ing declared

until Notice in Writing shall be. left at his, her, or their usual or last forfeited at

Place or Places of Abode, or published Three several Times in the

London

*Ge?eral

Gazette, and also in some Newspaper or Newspapers published and circu- theecommit-

lated in;.the said Counties of

Sussex

and Hants respectively, nor unless:the tee.

same shall be declared to be forfeited at some General Meeting of the

Committee of Management: Provided also, that every such Forfeiture,. Forfeiture

of

after'the same shall be taken Advantage of by the rest of the said Company; Shares to be

[Local.'} X8£ 0f an Indemnity

1582

toPereons

forfeiting.

In case of

Deaths of

Subscribers

before their

Subscriptions

are complet-

ed, Executors

to complete

the same.

In case, of

want of As-

sets,

the

Company to

admit other

Persons to

such Shares

im paying

the same.

57°GEORGII III. Cap.lxni.

of Proprietors as aforesaid, shall be an absolute Indemnification and Dis-

charge to and for the Proprietor or Proprietors so forfeiting against all

Actions, Suits, and Prosecutions, for any Breach of Contract or Agree-

ment between such Proprietor or Proprietors so forfeiting, and the rest

of the said Company, with regard to the future carrying on and Manager

ment of the said intended Navigation and Undertaking.

LXXXVIII. And be it further enacted, That if the Proprietor of any

Share or Shares in the said Navigation shall die before Payment shall

have been made by hirn or her of the full Sum to be called for and ad-

vanced as aforesaid, in respect of each Share which he or she shall have

been possessed of or entitled to, the Executor

o'r<

Administrator of such

deceased Proprietor, being possessed of sufficient Assets, shall pay the Call

or Calls then due, and the future Calls to be made in respect of such Share

or Shares; and if such

deceased"

Proprietor shall not have left Assets

suf-

ficient, the said Company of Proprietors shall and they are hereby autho-

rized and required (unless such Executor or Administrator shall duly pay

such Call and Calls) to admit any other Person or Persons to.be a Pro-

prietor or Proprietors of the'Shareor Shares of such deceased Proprietor,

on Condition that such Person or Persons so to be admitted do and shall,

on or before such Admission, pay to the Executors or Administrators of

such deceased Proprietor, orthe Trustee or Trustees, Guardian or Guar-

dians of any Infants or pthers entitled to his or her Effects, the full.Sum

or Sums of Money which shall have been paid by such deceased Proprietor

in his or her Lifetime, in consequence of any Call or Calls or otherwise

upon or in respect of such Share or Shares, or so much Money as the same

can be sold for.

Treasurers LXXXIX. Provided always, and belt further enacted, That if any Sub-

may

allow scriber to the said Navigation shall be minded or desirous to pay or ad-

Interest to vance immediately into the Hands of the Treasurer or Treasurers of the

for Payments sam Company of Proprietors the full Amount of his or her Subscription

in Advance, for such Share or Shares for which he or she may have subscribed, or any

Part

thereof,

not being less than Fifty Pounds, without waiting for the

said Call-or Calls, then and in such Case it shall be lawful for the said

Treasurer or Treasurers to pay to the said Subscriber or Subscribers, out

of ;the Funds of the said Company, Interest for the same at the Rate of

Five Pounds per Centum per Annum upon the Amount which such Pay-

ment or Advance may be, over and "above the said Calls, and from the

Period of the Call immediately preceding such Payment or Advance, up

to the Period of such subsequent Call respectively, according to the Sum

then in Advance, and above the Amount of such Call.

The Clerk

to euter Cer-

tificates of

Marriages in

a Book to be

kept for that

Purpose.

XC.

And whereas much Inconvenience may arise by the frequent Trans-

fer of the Right and Title to the Shares of and in the said Undertaking

by the Marriage and Death of Proprietors, and it may be difficult in such

Cases to ascertain to whom the Dividends arising or becoming due upon

such Shares ought to be paid, and do belong ; be it therefore further en-

a&ed, That before any Person or Persons who. shall claim any Part or

Share of the Profits of the said Undertaking in Right of Marriage shall

be entitled to receive the same, an Affidavit containing the Copy of the

Register of such Marriage shall be made and sworn to by some credible

Person before One of the Judges at Westminster, or Master Extraordinary

in

57°GEORGII III. C^.lxiii. 1583

in Chancery, or One of His Majesty's Justices of the Peace,.

and.

shall be

transmitted to the'Clerk of the said Company, who shall file the same,

and make an Entry thereof in the Book or Books which shall be kept by

the;

said Clerk for the Entry of Transfers and Sales of Shares in the said

Undertaking; and that before any Person or Persons who shall claim

any Part or Share of the Profits of the said Undertaking by virtue of any

Bequest or Will, or in the Course of Administration, shall be entitled to

deceive the same, the said Will, or the Probate

thereof,

or the Letters of

Administration, shall be produced and shown to the said Clerk, or a Copy

of so much of such Will as shall relate to the Share or Shares of the Tes-

tator shall be made and sworn to by the Executor or. Executors of such

Will before One of the- Judges of His Majesty's Courts of Record at

Westminster, or Master Extraordinary in Chancery, or One of His Majesty's

Justices of the Peace, and shall also be transmitted to the said Clerk, who

shall file and enter the same in the Manner herein-before mentioned ; and

that in all Cases other than as herein-before mentioned, where the Right

and Property in One or more Share or Shares in the said Undertaking

shall pass from the original Proprietor thereof to any Person or Persons by

any other legal Means than by a Transfer or Conveyance thereof as

herein directed, an Affidavit shall be made and sworn to by Two credible

Persons before One of the Judges of His Majesty's Courts of Record at

Westminster, or a Master Extraordinary in Chancery, or One of His Ma-

jesty's Justices of the Peace, stating the Manner in which such Share or

Shares hath or have passed to such other Person.or Persons, and such

Affidavit shall be transmitted to the Clerk of the said Company of

.Pro-

prietors hereby incorporated, who shall thereupon enter and register the

Name or Names of every such new Proprietor or Proprietors in the

Register Book, or List of Proprietors in the said Undertaking.

XCI. And be it enacted, That the Bodies Politic and Corporate, and The Persons

all and every Person and Persons, whose Name shall at any Time hereafter

whose Names

stand in the said Register Book or List of Proprietors of the said Company, ?PP^ar m tlle

either as a Proprietor or Proprietors of One or more Share or Shares in Bookfto be

the said Navigation, whether as original Subscribers, or as Successors, deemed tha

Executors, Administrators, or Assigns of original Subscribers, shall be Proprietors

deemed and taken to be Proprietors of the several Shares standing in the ?r the Shares

said Book in their respective Names, and shall be subject and liable to the ^am^ and

Payment of all and every Call and Calls made and to be made thereon, answerable

and to all Actions, Suits, Forfeitures, and Penalties to which Proprietors for

Calls,

&c.

of Shares in the said Navigation are made subject and liable by this Act; ^ntl1 ^rans*.

and that all Notices by this Act required to be given previous to the For- enroUed.

feitures of Shares to the Proprietors thereof shall, if given to the Per-

sons appearing by the Register Book of the said Company to be such

Proprietor or Proprietors, or their Representatives, be in all respects

good, sufficient, and conclusive, and all Payments of Interest and Divi-

dends due and to grow due on any such Shares, shall be made to such

Persons as by the said Book of the said Company shall so appear to be

Proprietors

thereof;

and that no Assignment, Transfer, or Bargain and

Sale of any Share or Shares, or other Instrument giving Title to any such

Share, or Shares, which shall not have been brought to the said Clerk to

be enrolled or registered as directed by this Act, shall be given or admitted

as Evidence, either to defeat any Action or Suit brought or to be brought

by the said Company of Proprietors to recover the said Calls, or to entitle

any

1584

Shares may

be aold, and

how.

Form of Con-

veyance of

Shares on a

Sale.

57°G£OfiGlI HI. Cap.h&i.

any Person or Persons to recover, any Share or Shares forfeited to the

Company of Proprietors, to make the said Company of Proprietors liable

fx> the Payment of Interest or Dividends to any other Person or Persons

than, such as appear upon the said Book to be Proprietors

of,-.

the said

Shares'; but that in all such "Cases, unless where it .'shall be expressly

proved that thg^said "Book is defective, by reason of some Neglect or Dei

fault of the said

-Clerk;

the said Book shall be considered as sufficient and

conclusive Evidence of

the

Proprietorship of the said Shares*

XCII. And be it further

enacted,.

That it shall be lawful for the several

Proprietors of the said Navigation, or-any of them, to sell, dispose of, and

transfer any Share or Shares which he, she, or'they shall respectively be

entitled to therein, unto, any other Person or Persons;.in-the Manner and

subject to the Rules and Conditions herein-after

^mentioned;

and that the

Conveyanceof'-aU such Shares respectively shall be effected by a Deed or

Deeds in Writing, to He prepared by the said Clerk, in .the Fo'fm or to

the-Effect following; (that is to say),

' T in consideration of paid to me by

* of do hereby bargain, sell, assign,.arid transfer to

the.

said

* Executors. Administrators, and Assign's,

' Share or Shares in the

* being No. of the Shares in the said Navigation, to hold to, the

' .sajd Executors, Administrators, and Assigns, suh^

' ject to the same Rules, Orders, and Restrictions, and on the same Con-

' ditions. that I held the same immediately before the Execution

hereof;

* and I the said do hereby agree to accept.of the said

« Share (pr Shares) subject 'to.'the same Rules^ Ordersj'

« Restrictions, and Conditions". Witness

"our

Hands and'Seals, the

« Day of

Memorial

of And, on

every,

such Sale, the Deed of Conveyance'being executed by all

ail

such Sales

Parties shall be kept'by the Clerk to the said Company of Proprietors,

who shall enter in the B,opk or Books .to be kept for that Purpose a Memo-'

rial of such Sale and Conveyance for the Use of the said Company of

Proprietors, and certify the Entry of such Memorial by an Endorsement on

a Copy of such Conveyance, which shall be delivered to the said Purchaser,

for" the Preparation of which Deed! and the Copy

thereof,

and for which

Entry and Certificate ho more than Five Shillings' per Share shall,be paid^

exclusive*oftlje Sjamp~puty

y

and until such Memorial shall,fhave b:

ente^eclas before directed, the Purchaser or Purcriase^s sMLnc-t have

%nf

Part or. Share of the Promts of the said Navigatibn,-or any Dividend paid;

tp„

hjm, her, or thenyfbr or in respect of such Share or.Shares so to'he

pu.rchased|'nor be:,entitled to any Vote, in respect

thereof,

as

ia'

Proprietor'

or Proprietors of the said Navigation'} and.every such Copy, after such

RJemoriai shall be so endorsed,thereon, shall "be .admitted and received"as

Evidence in all

Cases,

in'which, such original Deed, br Conveyance could

or tnight be received

as1

Evidence.'

XCIII. Provided

always,

jpi£ be it further'enacted, That after any such;

Call for Mpney shall

b6:

made

by.

the Cornrnit't'ee of Management as afore-'

said, no Person ox Persons' shall ;sell or; tfaAsfer any Shar6 of Shades

which he, she, oj-.they shall'.then pbssiesVintheiM Navigatfcfn;

juntil;

the;

Mojiey so to be called for in respect of his, her, or their-Share or Shares

7 intended

and-

Convey-

ances to be

registered.

No Share to

be sold after

a Call, till

the Call be

answered.

57°GEORGII III. C^.lxiu. 1585

intended to.be sold shall be paid: and every Person making Default herein

shall fdrfeithis or her Share or Shares in the said Navigation to and for

the Benefit of the rest of the said Proprietors, unless he or she shall, at the

Time of such Sale or Transfer, and immediately after the Execution of

the

same,

pay to the Treasurer or Treasurers of the said Company of Pro-

prietors the full Sum of Money called for upon every Share so to be sold

or.transferred; such Forfeiture, nevertheless, to be first notified and de-

clared in the Manner herein-before directed with respect to the Forfeiture

of Shares for not answering the Call to be made thereon as aforesaid.

XCIV. And be it further enacted, That in consideration of the Charges The

Com-

ana. Expences which the said Company of Proprietors will be at in making pany empow-

ahd maintaining the said Canals and other Works hereby authorized to ^edt0"\akc

be made, erected,, and maintained as aforesaid, and also in excavating the

Tolfs!

*

Mud at theWadeways or Causeways of Langstone and Thorney, and in

maintaining Channels of Communication through the same, as well as in

fixing Beacons through the whole Line of the Channels of

Chichester

and

Langstone

Harbours, which are intended to be used as the Tract through

which the Barges or Vessels are to pass, and in providing and maintaining

One or more Steam Boat or Steam Boats for .towing the said Barges and

Vessels through the said Harbours, and. Channels, it shall and may be

lawful to and for the said Company of Proprietors.from Time to Time, and

at all Times for eyef hereafter, tp ask,,demand, take,, and receive to and

for their own Use and/Benefit, for the Tonnage .'of all. Goods, Wares,

Merchandize, and: Commodities whatsoever, which

\

shall be carried of

conveyed upon'the said Canals or Navigation, or any Parf thereof respec-

tively, or through the Harbours of

Chichester

and Langstone, or Channels

of

Langstone,

Emswortb, qr

Thorney,

or any or either of them, of and from

the Owner or Owners of such Goods,.Wares, Merchandize, and Com-

modities, or of or from the,Owner or Owners, or Person or Persons

having the Care, Custody, or Charge of or navigating the.said Boats,

Barges, or Vessels conveying the same, at the Option of the said Com-

pany, of Proprietors, the respective Rates, Tolls, and. Duties herein-after

mentioned j (that is to say),

For all Dung and Ashes, and for; all'Chalk, Marl, Lime, and Lime-

stone intended'to be used for'Manure, and for all other Articles intended

to;;

be

^se<if°r

.'Manure,-theSum ofTwo-pence per Ton for every Mile

6F the'said Canals' orCuts, .Harbours or Channels, and so in proportion

foraiiy greater or less Quantity than a Ton, or a greater or less Distance

than a Mile'tin any Part of the said intended Canals or Cuts, Harbours or

Channels:

For all Chalkj Marl,-Lime, and Limestone (except such, as shall be

intended to be used for Manure), and for all Goods, Wares, Merchandize,

and'Commodities: whatsoever, in respect'of which no Toll, Rate, or Duty

is.

herein-before made payable, the Sum of Four-pence

.per

Ton for every

Mile of the. said Canals or.Cuts, Harbours or Channels, and so in pro-

portion for any greater or less Quantity than a Tori, or a greater -or. less

Distance than, a Mile, on any Part of the said Canals or Cuts, Harbours

or Channels

And for every empty or light Boat, Barge, or Vessel, of any Sort or

Description whatsoever, passing through any Lock upon the said Canals or

Cuts,

or any Part

thereof,

the Sum of One Shilling for every such Lock:.

[Local] x%F For

1586 57°GIORGII til.

For .every Passenger or other Person who shall be carried upon the said

Canals or Cuts, Harbours or Channels* or either qf themi bj: any Bo^t,

Barge, or Vessel, not being -a Perspn then employed in navigating the

same, for every Mile which any Passenger shall be carried upon the .say

Canals or Cuts, Harbours,or Channels, or any Part

thereof,

tfie Sum $f

Two-pence, and so in proportion for any greater or less Distance than,a

Mile:

For every separate Package, Parcel, or other Article not: exceeding

Two hundred Weight each, and belonging and consigned, to different or

distinct Persons, the Sum of One Penny for every Mile of the said Canals

or.

Cuts,

Harbours or Channels, and so in ^proportion for any less distance

than a Mile which any such Package, Parcel, or other Article, may be

carried upon any Part of the said Canals or Cuis, Harbours or Channels:

Provided always, that nothing in this Act contained shall be construed to

authorize the said Company of Proprietors at any Time to ask, demand,

take,

or receive any Rates, Tolls, or Duties whatsoever for the Tonnage

of any Goods, Wares, Merchandize, or Commodities which shall be car-

ried or conveyed uppn or within the Harbours of

Chichester

and

Larigsipne,

and Channels of Thorney, Emsworth, and

Langstorie,

or either of therd,

unless the same shall be carried of conveyed from or to any or either of

the said Canals or Cuts, or through the Excavations hereby authorized to

be made through the said Wadeways or Causeways of Langsiotie and

Thorney, or either of them, or unless the Boat or Vessel in which the same

shall be carried and conveyed shall be towed through the said Harbours pr

Channels, or either of them, by any Steam Boat belonging to the said

Company.

Passage-boats XCV. Provided always, and.be it further enacted,That no Boat or

to be

licensed,

other Vessel used for carrying; Passengers, or any other Person or Person*

not employed in navigating such Boat ;6r other Vessel, shall be used or

havigated upon the said Canals, or either of therrti by any Person or

Persons, without the Licence of the said Company of Proprietors, or the

Committee (if Management of the said Company for the Time being.

Tolls to be X.CVI.; Provided nevertheless, and be it enacted, That in all Cases where

mid fbrafuU any B0ati Barge,

OT

other Vessel shall be navigated pr pass by any Pp§t or

Sae?and°for Mark or Place,' where sqch

PPS.t

pr Mark hacfotopd or been feed op the

a full Quarter Sides i the said Canals, describing ,and regulating the ..Length of One

of a Ton. Quarter of a Mile i(and which PpsjSrpr.Mar&s the jsaid Company pjf, pro-

prietors!/arfe hereby rejpked jtojcajise. tO;be affixed,or-;set up in Manner

herein.after mentioned), the said Rates, Tolls, and Duties shall be.,paid

for: a:>full>iCjuar/ter. ©f& M\l^ although suph Boat, Barge, or other Ve?sel»

^alLnot hive atitualjy parsed'a full Quarterpf a Milef and that,in a}l

(Gates -where theWeight

IPC

>the

.Lading contained in iany Bpat, .Btarjxef ,pr

other Vessel, shall npt make up an seven. Quarter of aTp.n> yet $e,5ajd

Rates^Tollsj or Duties, which w,ould be payable £pr a full, QuarterMpf,,ja

Tohj *shall be paid .to Ihei-sajd CJpnjp^iy. .©f Proprietors for any less

Quantity.

Rates,Tolls, XGVIL Akd^heit/fuwhej e^cte&Tt&tthe, Rates, Tp.l]s, .and.p.uties

hot tob?'

to^-**"**1^

taken by, Jbe m& Company,of

recovered. Etdpwdtcfcai tshall tbe^Ipaldtifta .ssich Pei^ph;priPfirso.as4 at wh Pjaceypr

Places

§7°GE0RGII III. Cap.hm. 1587

Places upon or near to the said Canals, and in such Manner. and under

such Regulations, as the Committee of Management shall in that Behalf

diirect or app^oirvt; and in case of Neglect or Refusal to pay any such R^ates,

Tolls,

or Efiities, or any Part

thereof,

unto the Person or persons who

shall be appointed to receive the same as aforesaid, it shall be lawful For

the said Company of Proprietors to sue for the

same,

.by

Action of Debt p,r

upon the Case, in any of His Majesty's Courts of Record at Westminster;

and in every such Action it shall be sufficient for the Plaintiff to declare,

that under and by virtue of a certain Act of Parliament, passed in the Fifty-

seventh Year of His Majesty King

George

the Third, intituled [here set

forth the Title of

this

Ac(\, the said Company, or their Assignees or Mort-

gagees, were lawfully possessed of or entitled to such Tolls, or Duties as

in and by the said Action are sought to be recovered, and to allege when,

where, how, and wherefore such Tolls, Rates, or Duties accrued' ar^l

became payable to the said

Plaintiff;

or it shall-be lawful for the Person

or Persons to whom such Rates, Tolls, or Duties ought "td have been

paid, and he and they is and are hereby authorized and empowered to

seize and distrain the Goods, Wares, Merchandize, or Commodities, for

pr in respect of which such Rates, Tolls, or Duties ought to have been

paid as aforesaid, or any Part

thereof,

and the Bpat, Barge, or otheir

Vessel laden therewith, or any other; Boat, Barge, or other Vessel, Goods

or Commodities, belonging to the Owner of such Boat, Barge,

or.o'thef"

Vessel, and lying or.being upon the said Canals hereby authorized tq be

made? or upon any Wharf or in any Warehpuse adjoining thereto, and

jto detain the same respectively until full Payment shall be made of' such

Rates,

Tolls, or Duties, and of all Arrears of the same, whj?n, m.^y be

then due from the Owner of such Boat, Barge, of Vessel, to the .'s'ajp

Company of Proprietors, together witljthe reasonableCos'js art'd. Changes

of such Seizure and Distress j and in case such Distress shall not be re-

deemed within Six Days after the taking thereof the same sjiall and may

be appraised and sold as the Law directs in Cases of Distress for Rent.

XCVtII. And be it further enacted,-That it shall be lawful for the Com- -n,e Com.

mittee of Management from Time to Time, at any General Meeting of panymay

the said Committee, to beheld pursuant to the Directions of this Act, to from Time

tower or reduce such of fthe Rates, 'Tolls, and Duties

-to

be paid as afore- ToU^'3^

said,! as tjbe'said Committee shall think proper; and afterwards Froth

Tinie

ito

Time,. at'any such General Meeting, again to advance and raise

id^'pr ariy.of the said Rates, Tolls, and'Duties which shall have been so

lowered or .reduced: Provided always',' that the Rates, Tolls, and Duties

so to be advanced and raised as aforesaid, shall not in any Case exceed the

respective.Sums and Measures 'her ein-before authorized.'

XCIX. And be it further .enacted,-That it shall and may'be'lawf^l!f^rti Committee of

and after the Te'rrri of Three Years from i;he passing ,of ,this: Act, for the Management

gaid Committee of Management, (or any Five or nibre of them, 'b?y any

em?ow.ere^w,

Iqsjtrument in Writing under their Hands and Seals, tq let 'or,demise thjb Toi™18

said-Rates, Tolls, and Duties arising from or to |^e pkyable urjd€jr or "b,y

yir,tug of this Act, for any Term not exceeding Three Yearjrat anyone

Time, tb any Person or Persons, for thVhighest Rent''that cah.rbe had^r

gdt fqr the same, either by public Bidding or o'therwise,:

prbyided;

"that Two

Calendar Months previous Notice be given in some of1 tfie' public,NiewS-

papers circulated in the Counties of Sussex and Hants, ofthe Intention

of

1588

Amount of

the clear Pro-

fits of the

in-

tended Navi-

gation how

to be ascer-

tained.

Navigation

to be free on

paying the

tolls.

57°GEORGII III. Cap.\xm.

of the said Committee of Management to lease or demise

the,

said

.Rates,

Tblls,

and Duties, and so as that the Person or Persons renting the same

shall give satisfactory Security to the said Committee of Management, by

Articles in Writing, for the well and true Performance of his, her, or

their Bargain, Contract, or Agreement with them; and the Person or

Persons so renting the said Duties shall have full Power and Authority to

ask, demand, collect, and receive the same, and shall in every respect be

deemed and taken to be a Collector or Collectors appointed by the said

Committee of Management.

C. And be it further enacted, That in order to ascertain the Amount

of the clear Profits of the said Navigation and Undertaking, the Com-

mittee of Management shall cause to be entered and kept, in.a Book or

Books to be provided for that Purpose, a true and particular Account of

the Costs, Charges, and Expences attending the obtaining and passingf

this Act, and of all Money already laid out, and which shall hereafter

from Time to Time be laid out and expended in or in anywise relating

to the making, completing, and maintaining of the said Canals and

other Works, hereby authorized to be made and carried on, and of all

Costs,

Charges, and Expences which shall from Time to Time be in-

curred on account or by means of the said Navigation and the several

Works thereto belonging respectively, until the same shall be fully made

and completed; and that the said Committee shall from and after the

said Navigation and other Works shall be fully completed, cause a true,

exact, and particular Account to be kept, and annually made up and

balanced to the Thirtieth Day of April,yearly, of. the Rates, Tolls, and

Duties, and other Monies to be collected and received by virtue of this

Act, and the Costs, Charges, and Expences incidental to and attending

the supporting, repairing, maintaining, and using the said Navigation

and other Works; and

the,

said first mentioned Account, as well as every

such annual Account as aforesaid, shall at all reasonable Times be open to

the Inspection and Perusal of every Person being a Proprietor in the said

Navigation

CI.

And

.be

it further- enacted, That all and every Person or Persons

shall have, free Liberty, to use with Horses,, Cattle and Carriages the

privjate.Ways and .Roads belonging to the said, Company of Proprietors

(except the (Towing-paths), Jfp|(the conveying any Goods, Wares, ,M«r«

cha^di^e, or other Things,

XQ

and from, the sud, intended. Canals, and. the

Vtfharfs, Quays andifXandingTplaces belongiqg. thereto; and also' with

Boats,

Barges, and

..othe^

Vessels

to:

navigate, ,pass|Upon, and.use the said

Canal for the Purpose of conveying any Goods, Wares, Merchandize or

Commodities whatsoever'thereon^ respectively ;• and also to use the said

Wharfs, Quays, and Landing-places for the loading and unloading-of any

Goods or other Things, and

the,

(said

Towing-paths for the hauling and

drawing of. such Boats, Barges, and .other Vessels, upon Payment of such

Rates,

Tolls, and Duties for .the same respectively, as shall be demanded by

the said Company of. proprietors, npt exceeding the several Rates, Tolls,

and Duties herein-before mentioned, and subject, always to the Rules,

Orders, Bye-laws, and Regulations which.shall from Time to Time be made.

by the Committee of Management by virtue of the Power herein-before

given in that

Behalf.

10

CII.

And

57°GEORGII III. Cap.hw. 1589

CII.

And for the better ascertaining and more easy collecting the said

Masters of

Tolls or Duties, be it further enacted, That the Master, Owner, or. other

g°v**'n^;t0

Person, having the Gare of any Boat, Barge, or other Vessel navigating count ;n

upon the said Canals or Navigation, or any Part

thereof,

shall from Writing of

Time to Time-give in a true and just Account in Writing, signed by

?ie^oodi011

him, to the Collector or Collectors of the said Tolls, Rate's or Duties, at Sectors ^

the Place or Places where they shall attend for that Purpose, of the seve- the Tolls.

ral Quantities, Qualities, and Weight of the Goods, Wares^ Merchandize,

and Commodities contained in every Boat, Barge, or other Vessel* and of

the Place from whence brought, and where intended to be landed or

carried ; and also of the Quantities, Qualities, and Weight of such Goods,

Wares, Merchandize, or Commodities as shall have been discharged or

taken out of such Boat, Barge, or other Vessel, within the Limits of the

said Navigation, before their Arrival at the Place where such Account is

to be given ; and if the Goods, Wares, Merchandize, or Commodities on

board any such Boat, Barge, or other Vessel shall be liable to the Payment

of different Rates, then such Master, Owner or other Person shall specify the

Quantities liable to the Payment of each Rate; and in case any such

Master, Owner, or other Person shall neglect or refuse to give such Ac-

count, or refuse to produce his Invoice or Bill of Lading to such Col-

lector or Collectors, if demanded, or shall give a false Account

thereof,

or shall deliver any Part of his Lading or Goods at any other Place or

Places than what shall be mentioned in. such.Account, every Person so

Offending shall forfeit and pay to the said Company of Proprietors. the

Sumof Five Pounds for every such Offence, over and above all the Tolls,

Rates,

or Duties which shall be payable for such Goods, Wares, Merchan-

dize,

or Commodities.

CIII. And be it further enacted, That if any Difference shall arise be. In

case

of any

tween any Collector of the said Tolls, Rates, or Duties, and the Master Difference*^

or Person having Charge of any Boat, Barge, or other Vessel, or the about the

Owner of any Goods, Wares, Merchandize, or other Commodities on Weight

of

board

thereof,

concerning -the Weight or Quantity of any such Goods, poods, Col-

Wares, Merchandize, or Commodities, it shall be lawful for any such wlieli

Collector to stop and detain any such Boat, Barge, or other Vessel, and to

weigh,: measure, gauge, or cause to be weighed, measured, and gauged,

all such Goods, Wares, Merchandize, and Commodities as shall be therein

contained ; and in case the same shall, upon such-Weighing, Measuring,

and Gauging, appear to be of greater Weight or Quantity than such Mas-

ter, Owner, or other Person having the Care of such Boat, Barge, or other

Vessel, affirmed or stated the same to be, then the said Master, Owner, or

other Person having the Care of such Boat, Barge, or other Vessel, shall

pay the Costs and Charges of such Weighing, Measuring, and Gauging j

and such Costs and Charges, in case of Refusal'of Payment thereof upon

Demand, shall and may be levied and recovered in the same Manner" as

the said Tolls, Rates, or Duties are hereby appointed to be levied: and re-

covered ; but if such Goods, Wares, Merchandize, and Commodities

shall appear to be of the same Weight and Quantity, or of less Weight

and Quantity than the said Master, Owner, or other Person declared the

same to be, then the said Company of Proprietors shall pay the Costs and.

Charges of such Weighing, Measuring, or Gauging, and shall also pay to such

Master or other Person, or to the Owner or Owners of such Goods, Wares,

Merchandize, and Commodities, such Damages as shall appear to Two or

[Local,'] lSG more

57eGEORGII III. Cap.tem.

.more of His Majesty's Justices of the Peace acting in and for the Gquntie

of

Sutiex

and Hants,

or:

either' of them, on Oath of One or more credible

•Witness16r Witnesses, to have arisen from such Detention ; but in

case

i

shall at any Time

be"

made'

to appear to the said Justices respectively, upon

the'Complaint of the said Company of

Proprietors,

or any of their Officers;

and upon- the

like'

Oath of One or more credible Witness or Witnesses,

thai such Stoppage and Detention, and

Weighing,

Measuring,

and Gauging,

waS without reasonable Ground of

Belief,

or vexatious on the Part of such

Collector, then' the said Collector himself shall himself pay the Costs and

Charges of

such1

Weighing, Measuring, or Gauging, and shall also pay to

such Mister or other Person, or to the Owner or

Owners,

of such Goods,

Wares, Merchandize, and Commodities, such Damages as shall appear

to the aforesaid Justices, on the Oath of One or mOre credible Witness

of Witnessess; to have arisen from such Detention; and in default of

im-

mediate Payment thereof by the said Company of Proprietors,-or by such

Collector, a§ the Case may be, the same shall be recovered from the said

Company of Proprietors, or the said Collector, as the Case may be, by

Distress and Sale of their or his Goods and Chattels, by Warrant under

the Hands and Seals of the said Commissioners or Justices respectively* or

otherwise by Action of Debt or on the Case in any of His Majesty's

Courts of Record at

Westminster.

Lords

of dY> ^nd be it

further

enacted, That at any Time or Times after the

others*™ said Company of Proprietors shall have selected, taken, Or marked out such

erect Wharfs Pieces of Land for public Wharfs, Quays, and Landing-places along the

on their Lines bf

the

said Canals, which they the said Company, at the Time of first

Lands: marking and setting out the Ground for the Lines of. the said

Canals,

shall

deem it expedient to take or mark out for those Purposes, it shall be law-

ful for the Lord or Lords* Owner or Owners of any Manor, Lands, or

Grounds through which the said intended Canals shall be

made,

to make*

erect, and set' up, either for his, her, or their own private Use, or for the

Use of the Public, any Wharfs,

Quays,,

Landing-places, Cranesb Weigh-

beams, or Warehouses in or

upon,

his,

her, or their respective Waste Lands

or Grounds adjoining or near to the said Canals, except on .the Lines of

the said Canal's or Cuts between

Langstone-Harbour

and

Portsmouth

Bar*

bour, and betwfcen

Langstone

Harbour and the said

Place,

called The

Half-

way

Houses

in the said Island of

Portsea,

and to make arid lay out proper

Ways and

Roads to

the

same:

across any

Lands

belonging to the said Com-

pany of Proprietors, and to land any Goods or other Things Upon such

Wharfs;, Quays, or Landing-places, or upon the Banks lying between th«

same and ?he said Canals j and also to make and

use

proper and convenient

Places for Boats, Barges, and other Vessels, to lie and turn-in;, and

pass each other,;

so

chat the. making or using thereof respectively do not

obstruct or prejudice the Navigation of the

said

CanalsJ;or the Passage on

the Towing-paths

on.

the Sides thereof j and that all Ratesor Tolls which

shall'

fee

demanded alndpaid for the Use of

such

of the said Wharfs', Quays'^

JLanding^places,. Cranes* Weigh-beamsi and Warehouses respectively, as

shall be erected by such Lord.or Lords* Owner or Ownersyfor the Use,

of1the Pubic, shalll

be*,

and

the-

same,

are:

hereby "accordingly vested'in the:

JMrd

en?

Lords,,

Owner or Owners* of such

Manors*.

Lands,,

or Grounds*

Who'Shalt make1 and.erect such-Wharfs,. Quays, Landing-places,: Cranes/^

ttheir

resgec*

tiire'Heirs'and'AssifenB* 6 CV. And

erect the

same.

57°GEORGII ILL CapAxm. 1591

CV. And be it further enacted, That if any such Lord or

Lords,

Owner But if they

or OWtters, shall not, within the Space of Three Calendar Months next

"^^Jj;0

after Notice of Warning in Writing, shall be given to

him*

her, or them* thTcompany,

Of left at his, her, bf their Usual Place or Places of

Abode*

under

the

Hand thentheCom-

qf

the"

Said Clerk* on Behalf of the said Company Bf Proprietors* stating pany

may

that any Part or Pafts of his, her, or their Waste Lands or Grounds is or

aire necessary of proper-

for

erectirjgand making any public Wharfs, Quaysj

Landing-places, Cranes, Weigh-beams, or Warehouses* or for making

aiid laying out of any Rdad or Roads for the Conveyance of Goods to

and from the said Canals, give Notice in Writing to the said Clerk of

his*

her* or their Intention to erect and make* and shall not forthwith

proceed to erect and make, and within Six Calejidar Months from the

Date of such last'mentioned Notice make, erect, and

lay.

out, and after-

wards from Time to Time maintain and keep in good and substantial Repair,

such proper and sufficient Wharfs, Quays, Landing-places* Cranes, Weigh-

bearris, Warehouses, and Roads for the Use of the Public as the Corn-

niissiohefs appointed by this Act shall judge necessary, on the respective

Part or Parts of the Waste Lands or Grounds to be described in such

Notice

5

then arid in such Case the said Company of Proprietors shall havfc

full Power and

Authority'*

without

dny

Hinderance br Restraint whatsoever,

to take arid ifiake use of such Part or Parts of such Waste Lands or

Grounds, for erecting and building proper and-sufficient Wharfs, Quays,

Landing-places* Cranes, Weigh-bearns, and Warehouses,- arid for making

and laying out

riecessafy

arid convenient Roads to and from the said Canals,

agreeably to such Notice so given by the said Clerk as aforesaid; they

the said Corripariy bf Proprietors first making Satisfaction for the same

in such Manner its is heleiri-befofe directed with respect to any Lands or

Grounds which shall be taken of used by the Company for the Purposes

of

this Act.

CVI. Provided always, and be it further enacted, That nothing herein Regulations

cdritained shall authorize or empower the said Company of Proprietors', respecting

of any Person or Persons* to make' use of a"hy Wharfs,, Quays, Landing* Wharfs.

places*

Gfanes* Weigh-beamS, of Warehouses which shall

be

made,

erected-,

dnd set up by the Lord of Lords* Owner or Owners of any Manor,

Lands, of GfOurids adjoining or near to the said Canals, for his, her,' or

theif own private Use only, of to erect or set up any Graries or Weigh-

ing Machines in or upon any such private Wharfs,Quays", or Landing-

places, without the Consent in Writing of such Lord or Lords* Owner or

Owners: Provided also, that no Sum exceeding Three-pence per Ton

shall be demanded and taken1 by the said Company of Proprietors, or by

atty such Lord or Lords, Owner or Owners, who shall make, erectj or

build any'such Wharfs, Quays, or Landing-places, and make or lay out

silly

such1

Roads

for the' Use of the Public as aforesaid, for the Wharfage

of any Goals, Culm* Limestone, Clay, Iron, Ironstone, Lead Ore, or

any" other Or6s,-Timbefy Stone, Bricks* Tiles*; Slates, Gravel* Hay,

Straw, Corn in the Straw, or Manure whatsoever, which shall be placlcl

upon any of the Wharfs or Quays upon or adjoining to any Part of the

$fcf CaftafsY atfd continue thereupon fof any Time not exceeding Twehty-

eighf

©ays

j-

arid that naVSum" exceeding Two-pence

-per

'Ton;,for the

Wftaf^ge -of aliy; Other Goodsj* Wares* Merchandize* or Commodities

whatsoever, Which shall be' placed upon any such Wharfs: or Quays, or

eoatiriue €hefeon< for any Tirrie riot exceeding Ten Days-j but if any of

the

L592 57°G£ORGII HI. CapAxm.

the Articles before specified, or any other Goods, Wares, Merchandize,

or Commodities shall be left and remain upon such Wharfs or Quays for

any Time over and above the Time limited for the same .respectively, then

the Owner or Owners thereof shall pay to the said Company, or other the

Proprietors of such Wharfs, Quays, or Landing-places respectively, any

further Sum not exceeding One Penny per Ton for every Day which the

same shall remain upon such Wharfs or Quays after the Expiration of the

Times before limited for the same respectively : Provided always, and it

is hereby declared, that the taking or receiving of any such Wharfage,

Toll, or Duty, by any Owner or Owners, Lessee or Lessees, Occupierqr

Occupiers, or other Person or Persons having the Care and Management

of any such

Wharf,

Quay, or Landing-place, shall be deemed a sufficient

Appropriation of such

Wharf,

Quay, or Landing-place, to and for the

Use of the Public, within the true Intent and Meaning of this Act; and

the same shall from thenceforth be deemed and taken to be, and shall

continue to be a Public

Wharf,

Quay or Landing-place accordingly :

Provided also, that nothing herein contained shall prevent the several and

respective Proprietors, Builders, or Lessees of any Warehouses, Cranes,

Stables, Sheds, Docks, and other Conveniences, from receiving and

having, for the Use of the same respectively, such Rent, Hire, or Recom-

mence for the Use

thereof,

as they may reasonably deserve to have.

Mode

of CVII. And be it further ena&ed, That the Lands, Dwelling-houses,

rat'nS^ns

Wharfs, Warehouses, Lockhouses, and other Houses of and belonging

fnssofCom- to :t^ said Company of Proprietors, shall be rateable and chargeable to

pany. the Maintenance of the Poor, and to all Parochial Rates and Taxes in the

several Parishes and Places where they are respectively situated, the Lands

according to the Quantity and Quality, and the Dwelling-houses, Wharfs*

Warehouses, Lockhouses, and other Houses, according to the Nature .and.

respective Uses, Dimensions, and Descriptions

thereof,

and shall be

charged and assessed in like Manner as Lands of a like Quality,, and

Dwelling-houses, Wharfs, Warehouses, Lockhouses, and other Houses

of a like and similar Size, Nature, Dimension, or Description, in the re-

spective Parishes where the same shall be situate, are or shall be assessed

and charged; and that|the Rates, Duties, and other Personal Property of

the said Company, liable to be rated to the Poor or other-Parochial Taxes,

in

any.

such'Parishes or Places, shall

be.

rated and assessed in like Manner

and in- the same Proportion as other Personal Property, rateable in the

said Parishes and Places respectively, shall be rated and assessed, and ac-

cording to the Length of the Line of the said Navigation in such respec-

tive Parishes and Places, and not otherwise, or in any other Manner:

Provided, that before such Personal Property shall be rated, Fourteen

Days Notice shall be given in Writing to or left at the Dwelling-house pr

usual Place of Abode of the Treasurer or Treasurers, or Clerk, or any

other. Officer of the said Company, residing in the Parish or Place where

such Rate shall be intended to be made, by the respective Overseers of the

Poor, of their Intention so to do.

Structure of CVHI. And be it further enacted, That no Person or Persons shall use

Vessels. or navigate on the said Canals any. Boat, Barge, or other Vessel, but

such as shall be built and constructed agreeably to the Plan or Model to

be determined on and settled by the said Committee of Management, and

so that the,same be built and constructed as in no respect to injure or

damage,

57°GEORGII III. CapAxin. 1593

damage, or tend to injure or damage, the Lining, Puddling, or other

Works of the said Canals.

ClX. And whereas the Navigation of the said Channels and Harbours To prevent

would be much facilitated by the Use of Boats or Vessels impelled by

j*e

Use of

Steam Engines, as well for the Conveyance of Passengers and Goods as E^ein^Tn1'6

for the Purpose of tracking and haling other Boats along and through the Boats impel-

same, but it is at the same Time expedient to prevent the Use of high- led by Steam

pressure Engines in such Boats or Vessels ; be it enacted, That it shall not in the Chan-

be lawful for any Person or Persons to use or employ upon the said Chan- j^j^JJ™

nels or Harbours, in any Boat or Vessel, any Steam Engine in which the

Steam is blown out into the Atmosphere, instead of being condensed by

cold Water, or in which the Steam used to work the Engine is of a

Strength equal to Double the Pressure of the Atmosphere.

CX. And for the better regulating of the Masters or Owners of Boats, The Names

and the Bargemen and others employed by or under them respectively, of the °wn*

and for the more easy detecting of any thing to be done by them contrary |[s ° Boats,

to the Directions of this Act, be it further enacted, That every Owner, painted on

Master, or Person, having the Charge or Command of any Boat, Barge, the Outside.

or other Vessel (not being a Pleasure Boat), navigating and passing upon

the said Canals, shall cause his or her Name and Place of Abode, and the

Name or Number of his or her Boat, Barge, or other Vessel, to be enter-

ed with the Clerk to the said Company of Proprietors; and shall also cause

the Name of such Owner or Owners, and the Name or Number of such

Boat, Barge, or other Vessel, to be painted on a Black Ground, in large

White Capital Letters and Figures, Four Inches high at least, and of a

proportionable Breadth, on the Outside of the Stern of every such Boat,

Barge, or other Vessel, so high that no Part of such Letters or Figures

shall be under Water when such Boat. Barge, or other Vessel shall be

fully laden ; and that every Owner, Master, or Person, having the Charge Boats, &c to

or Command of any such Boat, Barge, or other Vessel, shall from Time

be

gauged

to Time, when thereto required, permit and suffer the same to be gauged

wY?n

*e1uir-

and measured by such Person or Persons as shall be appointed for that Company.

Purpose by the said Company of Proprietors, or their Committee of Ma-

nagement ; and shall also, at his, her, and their own Costs and Charges, Graduated

fix or cause to be fixed, on each Side of every such Boat, Barge, or other Figures to be

Vessel, Two Indexes of Copper, Lead, or other Metal of such graduated

Pain^d

on

Figures, denoting the Weight or Tonnage, at such Distances, and under denoting

*

such Regulations as the said Company of Proprietors, or their Committee their Weight.

of Management, shall from Time to Time direct and appoint, so that the

true Weight of the Lading of every such Boat, Barge, or other Vessel,

may at all Times clearly appear; and that every Owner, Master, or other

Person having the Charge or Command of any Boat, Barge, or other

Vessel, who shall navigate such Boat, Barge, or other Vessel upon the

said Canals, or either of them, without having such Names, Marks, and

Figures thereon as herein-before directed, or who shall refuse or neglect

to put and renew the same as often as may be thought necessary by the

said Committee of Management, or shall,alter, erase, deface, or destroy

the same ,or any Part

thereof,

or shall put any false Names, Marks, or

Figures on such Boat, Barge, or other Vessel, or who shall refuse to

permit such Boat, Barge, or other Vessel to be gauged and measured

as aforesaid, or who shall give a false Account of the Lading on board

{.Local") 18 H any

1594

Owners

x>f

Boats an-

swerable for

Damage done

by their

Boats,

Horses, or

Servants.

Owners of

Boats may

recover from

their Ser-

vants what

shall be paid

for Damages

donebythem.

57°GEORGII III. CapAxiu.

any such Boat, Barge, or other 'Vessel,'to the said Collectors, or who shall

cause or permit such Boat, Barge, or other Vessel to be at any Time

loaded or unloaded without a Stage being laid from the Side of such Boat,

Barge, or other Vessel to the Bank of the Canal, in order to prevent any

Dirt or Rubbish falling into the same, shall for every such Offence

respectively forfeit and pay any Sum not exceeding Five Pounds.

CXI. And be it further enacted, That the Master or Owner of every

Boat, Barge, or other Vessel navigating or passing upon the said Canals,

shall be and is hereby made answerable for all such Damage, Spoil or

Mischief,

as shall be done by his Boat, Barge, or Vessel, or the Horses

used in drawing the same, or by any of the Boatmen, Watermen, or

others belonging to or employed in or about the same respectively, unto

any of the Bridges, Weirs, Locks, Dams, Engines, Trenches, Sluices,-

or other Works in, upon, or belonging to the said Canals, either by load-

ing or unloading or navigating any such Boat, Barge, or other Vessel,

or by any other Means whatsoever; and also for any Trespasses or Da*

mage that shall or maybe committed or done to the Owners or Occu-

piers of any Buildings, Lands, or Tenements adjoining or lying near the

said Canals, by leaving open Gates or otherwise, and for any Trespass

whatsoever, contrary to the said several Directions and Restrictions in this

Act contained, or any of them, such Trespass or Damage to be ascertains

ed and recovered in like Manner as any Penalty can or'may by virtue of

this Act be ascertained and recovered; and if the Owner or Owners of

any Boat, Barge, or any other Vessel navigating or passing on the said

Canals, shall be compelled to make a Satisfaction for any Damages, by

reason of any wilful Act, Neglect, or Default of his or their Servant or Ser-

vants,

Boatmen or Watermen, then and in such Case every such Servant,

Boatman, and Waterman, shall be liable to repay such Satisfaction for

Damages, with the Costs attending the same, to such Owner or Owners;

and in case of Non-payment thereof upon Demand, the same shall be re-

covered in any Manner as any Penalty can or may by virtue of this Act

be recovered.

Places to be

made for

Boats to

turn and

pass each

other.

Regulations

fOFBoats

M

assing the

ocks.

CXII. And be it further enacted, That it shall be lawful for the said

Company of Proprietors, and they are hereby required, in such Parts of

the said Canals as shall not be of sufficient Breadth for admitting a Boat,

Barge, or other Vessel to turn about, or Two Boats, Barges, or other

Vessels to pass each other, to open and cut proper Spaces and Places in

the Lands adjoining to the said Canals, at convenient Distances from each

other, for the turning and passing of such Boats, Barges, or other Vessels;

and that all Boats, Barges, or other Vessels, passing upon the said Canals,

shall, upon meeting any other Boat, Barge, or Vessel, stop at or go

back to and be in the said Spaces or Places to be made for that Purpose,

in such Manner as the Committee of Management shall from Time to

Time direct and appoint.

CXIII. And be it further enacted, That no Boatman or other Person

navigating or having the Care of any Boat, Barge, or other Vessel which

shall pass through.any Lock to be made upon the said Canals, shall suffer

the Water to remain in such Lock longer than is necessary for his Boat,

Barge, "or other Vessel

to*

pass through the same ; and that every such Boat-

man or other Person as aforesaid, on going down the said Canals from

7 the

57°GEORGII III. CapAxlil 1695

the higher to the lower Levels

thereof,

shall, previously,to his bringing his

Boat, Barge, or other Vessel into any Lock, shut the lower Gates of such

Lock, and the Sluices thereto belonging, before he shall draw the Sluices

of the upper Gates

thereof;

and after he shall have brought his Boat,

Barge, or other Vessel into the said Lock, he shall then shut the upper

Gates

thereof,

and the Sluices thereto belonging, before he shall draw the

Sluices of the lower Gates

thereof;

and in going up the said Canals to-

wards a higher Level

thereof,

such Boatman or other Person shall, as

soon as he shall have passed with-his Boat, Barge, or other Vessel, out of

the said Lock, shut up the upper Gates

thereof,

and the Sluices thereto

belonging, and afterwards draw the Sluices of the lower Gates

thereof,

unless there shall be then>a Boat, Barge, or other Vessel in Sight of the

said Lock, coming down the said Canals, in which Case the lower Gates

of the said Lock, and the Sluices

thereof,

shall be left shut, and the upper

Gates shall be left open; and at all Times the Vessels going up the said

Canals, if within Sight of any Vessel coming down, and at a Distance not

exceeding Three hundred Yards below any Lock, shall pass through such

Lock before the Vessel coming down, and then the Vessel above such

Lock shall come down; and if there shall be more Vessels than One below

and above any Lock at the same Time within the Distance aforesaid (at

which Distance a Post or Mark shall be set up or made for ascertaining the

same),

such Vessels shall go up and come down through such Locks by

Turns as aforesaid, until all the Vessels going up and coming down shall

have passed the same, in order that One Lock full of Water may serve

Two Vessels; and that every Person who shall offend in any of these Par-

ticulars shall for every such Offence forfeit and pay a Sum not exceeding

Forty Shillings.

CX1V. And be it further enacted, That if any Lock-keeper, Wharfinger, To prevent

or other Servant belonging to the said Company of Proprietors, shall give .°P eepers

an undue Preference, or show any Partiality to any Boat, Barge, or other preference

Vessel, in passing through any Lock or Locks upon the said Canals, or to Boats.

in loading or unloading any Goods, Wares, Merchandize, or Commo-

dities at any of the Wharfs, Warehouses, Weigh-beams, Cranes, and

other Machines belonging-to the, said Company of Proprietors, he shall

forfeit and pay for every such Offence any Sum not exceeding Twenty

Shillings.

CXV. Provided also, and be it further ena&ed, That it shall be lawful Two Boats

for Two or more Boats, Barges, or other Vessels, constructed so as to be may

Pass

admitted at the same Time into and to pass through any of the Locks

J-0*8

toge"

to be made by virtue of this Act, to pass any of the said Locks upon a tain.Cases.

Tonnage being paid for the Quantity of Coals or other Goods, Wares,

or Merchandize on board such Boats, Barges, or other Vessels, so as such

Payment be not less than Twenty Tons.

CXVI. And be it further enacted, That if any Boat, Barge, or other Boats, &e.

Vessel shall be placed in any Part of the said Canals/or of the Trenches, {jKjJfif

Sluices, or Passages belonging thereto, so as to obstruct the Navigation J^n uTbf *"

or Passage thereon, and the Person having the Care of such Boat, Barge, removed

or Vessel, shall not immediately remove the same, or alter the Position

thereof,

upon Request made for that Purpose, he shall for every such

Offence forfeit and pay a Sum not exceeding Twenty Shillings, an$l

shall

1596 57°GEORGII III. Cap.lxiil

shall moreover forfeit and pay a Sum not exceeding Five Shillings for

every Hour during which such Obstruction shall continue after such

Request for Removal thereof shall be made as aforesaid ; and that it shall

be lawful for any of the Collectors, Agents, or Servants of the said

Company of Proprietors, to cause any such Boat, Barge, or other Vessel

to be unladen, if necessary, and to be removed in such Manner as shall

be requisite for preventing any further Obstruction therefrom, and to

seize and detain such Boat, Barge, or other Vessel, and the Lading

thereof,

or any Part of such Lading, until the said Penalty or Penalties, and the

Charges of such Unloading and Removal, shall be paid; and that if

any Boat, Barge, or other Vessel shall be sunk in any Part of the said

Canals, and the Owner or Owners, or Persons having the Care of such

Boat, Barge, or other Vessel, shall not without Loss of Time weigh or

draw up the same, it shall be lawful for the Agent or Servants of the said

Company of Proprietors, or any of them, to cause such Boat, Barge, or

other Vessel to be weighed and drawn up, and detain and keep the same

until Payment shall be made of all Expences thereby necessarily incurred

or occasioned.

Penalty on

Persons tak-

ing orunload-

ing Goods,

except at a

private or

public

Wharf.

Penalty on

Persona leav-

ing open

Draw-bridges

after being

necessarily

opened, or

leaving open

the same

without

Occasion.

CXVII. And. be it further enacted, That if any Person or Persons

navigating or having the care of any Boat, Barge, or other Vessel upon

the said Canals, or any Part thereof respectively, shall, with. Intent to

avoid the Payment of any of the said Tolls, Rates, or Duties, load or

unload, or take into any such Boat, Barge, or other Vessel, any. Goods,

Wares, Merchandize, or Commodities whatsoever,: liable to pay. any

of the Tolls, Rates, or Duties herein-before mentioned, at any other

Place or Places than at the public or private Wharfs or Quays upon or

belonging to the said Canals, without having first obtained a Consent in

Writing for that Purpose from the Committee of Management,'or .some

one of the Agents or Collectors of Tolls to the said Company of' Pro-

prietors j with Intent to evade the Payment of any of the said Tolls, Rates,

or Duties, every Person so offending shall for every such Offence 'forfeit

and pay any Sum not exceeding Five Pounds.

CXVIII. And be it further enacted, That if any Swivel-bridge or

Draw-bridge shall be laid for the Use of any public Highway,.or for the

Accommodation of any Owner or Occupier of Lands parted by the said

Canals, over or across the said Canals, or any Trenches or Passages for

Water,' to be; made by virtue of this Act, all and every Person and

Persons opening any such Draw-bridge or Swivel-bridge for the Passage of

any Boat or other Vessel shall froni Time to Time, as soon as such Boat

or other Vessel shall have passed such Bridge, shut and fasten the same j

and that every Person neglecting so to do shall forfeit and pay for every

such Offence a Sum not exceeding Five Pounds; and incase any such

Bridge shall be left open longer than necessary for the Passage of any Boat

or other Vessel as aforesaid, through the Neglect or Carelessness of any

Person belonging to any such Boat or Vessel, then the Master or Owner of

any such Boat or Vessel shall forfeit and pay for every such Offence any

Bum not exceeding Five Pounds; and if any Person or Persons shall

wilfully open any such Draw-bridge or Swivel-bridge, when no Vessel is

to pass through the same, so as to interrupt a free Passage: for Travellers,

Cattle,' or Carriages, every Person so

•

offending- shall' for every such

Offence forfeit and pay a Sum not exceeding Five Pounds ; all which, said

Penalties

57*CEORGII HI. C^.hriii. 1597

Penalties or Forfeitures shall go and be applied, one Moiety to the In-

former and the other Moiety to the Poor of the Parish where the Offence

shall be committed.

CXIX. And be it further enacted, That if any Person or Persons shall Penalty on

float any Timber upon the said Canals without the Consent of the Com- wx^beT^

mittee of Management, or of some Collector or Agent to the said Com- 0n Canals, or

pany of Proprietors, or shall navigate on the said Canals any Boat or otherwise

Vessel laden with Timber, which shall lie over the Sides of such Boat or JeNavi'T

Vessel in such a Way as"to obstruct the Passage of any. other Boat or ^ _aviKa"

Vessel, and shall not, immediately upon Notice given of such Obstruction,

haul or draw back such Boat or Vessel into such Place or Places as shall

be made or be proper for Boats or other Vessels to pass each other, or

shall not otherwise remove the same so as to make a free Passage for other

Boats or Vessels; or if any Person or Persons shall wilfully throw any andonPer-

Ballast, Gravel, Stones, Rubbish, or other Matter.or Thing into any

J^]*^1*

Part of the said-Canals or Reservoirs, or into any Trenches, Sluices, or into Canals.

Passages for Water, to be made in pursuance of this Act; or if any

Person or Persons shall wantonly or unnecessarily open or draw, or cause Penalty on

to be opened or drawn, any Lock, Paddle, Valve, or Sluice belonging to Personsopen-

the said intended Navigation, or shall snare, angle, or take any Fish out »>gL°clfs,

of the same, or shall wilfully flush or draw off, or cause to be flushed or Wastw

drawn off, the Water from any Part of the said Navigation or Reservoirs, Water.

or shall leave any of the Gates or Sluices of any Lock open after any

Boat or other Vessel shall have passed through the same, (except in such

Cases as herein-before otherwise ordered), or shall wilfully obstruct, hinder,

or prevent any Person in the Execution of this Act, every Person so

offending shall forfeit and pay for every such Offence any Sum not

exceeding Five Pounds.

CXX. And be it further enacted, That if any Person or Persons shall Penalty on

wilfully, maliciously, and to the Prejudice of the said Navigation, break, pejs°ns

wil-

throw down, or destroy any Bridge or Bridges, Bank or Banks, Lock or ing^he6S

r°y*

Locks, Erections or Buildings, or other Works to be erected and made

Banks,

&c.

by

virtue,

of this Act, every Person so offending, being lawfully convicted,

shall be transported as Felons are directed to be transported by the Laws

and Statutes of this Realm, for a Term not exceeding Fourteen Years ;

or otherwise the Court before whom such Person shall be convicted, may

in Mitigation of such Punishment (if they shall think fit), award any such

other Punishment as the Law directs in Cases of Petit Larceny.

CXXI. And be it further enacted, That if any Person or Persons shall Penalty for

throw, cast, or lay, on any Part of any Bank or Towing-path belonging

!e-a?lng

R^'

to the said Canals, any Dung or other Manure, Dust, Ashes, Rubbish, xoWins-

or other Matter otherwise than on the Wharfs and other .Places to ;be paths.

made and provided for the loading and unloading of.

Goods,

Wares, and

Merchandize, every such person so offending shall forfeit and pay any

Sum not exceeding Forty Shillings, to,be. recovered and applied in such

Manner as other Penalties under this Act are directed to be recovered and

applied.

CXXII. A,nd be it further enacted, That if any Person or Persons Penalty on

navigating or working or. beingj on .board any; Boat, Barge, or other Bargemen,

Vessel upon the said Canals, shall carry with him or them, or have on ^^'"f

\LocalI\

18 / board

1598

Nets*o take

or destroy

Fish or Game.

Penalty for

having on

board Shafts

pointed with

Iron.

No

Vessel

having more

than Twenty-

eight Pounds

of Gunpow-

der to lie

•within Half

a'Mile of

Portsmouth,

Portsea, or

Chichester.

Right of

Fishery re-

served to

Lords of

Manors, &c.

57*GEORGII III. CapAxm.

board any Boat, Barge, or other Vessel, any Fishing Net, Gun, Engine,: or

other Instrument for taking or destroying Fish or Game ("not being

Q

ualified by Law so to do), such Person or Persons shall for every such

>ffence, being convicted thereof before any One Justice of the Peace,

on the,Confession of the Party offending, or

on

the Oath of One or more

credible Witness or Witnesses, forfeit and pay any Sum not exceeding

Five.

Pounds

; and in case any Master or other Person haying the Rule or

Command of

any

Boat, Barge, or other Vessel, shall knowingly suffer or

permit any Person of

Persons

(not being duly authorized so to do) to have,

carry on board, or make use of any Fishing Net, Gun, Engine, or other

Instrument for taking or destroying any Fish or Game, every such Master

or Person shall for every such Offence, being in Manner aforesaid con-

victed

thereof,

forfeit and pay any Sum not exceeding Five Pounds.

GXXIII. And be it further enacted, That no Boat, Barge, or other

Vessel, having on board any Pole, Shaft, or Instrument, used, or to be

used in punting or navigating such Boat, Barge, or other Vessel, pointed

or spiked with Iron or otherwise, of less Area at each End thereof than

Ten square Inches, shall

pass

along any Part of the said Canals; and

it

shall

be lawful for the Agents or Servants of the said .Company of Proprietors

to seize such Poles, Shafts, or Instruments, in case they shall be found on

board any such Boat, Barge, or other Vessel; and the Master, Owner, or

Person having the Care of such Boat* Barge, or other Vessel, shall forfeit

a Sum not exceeding Ten Pounds for every such Pole, Shaft, or Instru-

ment found on board his Boat,

Barge,

or other Vessel.

CXXIV. And be it enacted, That no Barge,- Boat; or Vessel, having

on board more thari ^Twenty-eight Pounds Weight of Gunpowder, shall

stop or lie on any Part of the said Canals hereby intended to be made

navigable within Half a Mile of any Part of the Towns of

Portsmouth,

or

Portsea,

or

Chichester',

under Pain of forfeiting and paying any Sum

not exceeding Ten Pounds for every Offence, to. be recovered

.

in the

same Manner as other Penalties in this Act are directed to be recovered.

CXXV. And be it further enacted, That the Lord or Lords, or

Owner or

Owners,,

of all and every Manor or Manors through which

the said Canals shall be made, shall have and be.entitled to the. several

and exclusive Right of Fishery of and in so much, of

the

said Canals as

shall be made through the Common or Waste Lands'within his, hen, of

their Manor or Manors respectively,. or through any other.Lands or

Grounds lying within such Manor or Manors, wherein such Lord or

Lords,,

or Owner or Owners, now have of hath, or are of is entitled to

the Right of Fishery, in the Brooks and Waters now being in such last^

mentioned

Lands

or Grounds respectively; and that the Owner of Owners

of all other Lands.or Grounds through or in which the said Canals and

Reservoirs shall be made, shall also have-and be entitled to the like

Right of Fishery of and in so much' of the said Canals and-Reservoirs

as shall be made through or in his, her, of their Lands .or Grounds, so as

by the Use and Exercise'of any such Right of Fishery as aforesaid, the

said Canals, or the Towing-paths, Banks, or other Works and Conve-

niences hereby authorized to be made, shall not be prejudiced or

obstructed, or any Water drained or extracted from or out of the said

Canals or Reservoirs; and so as the said Company of Proprietors, or

their

57*GEORGII in. Gp.hffi. 1599

their Agents, Servants* or Workmen, or any of them, shall not be

liable to any Penalty, Action, or Prosecution, for or by .reason of the

taking or destroying of any such Fish in the said Canals and Reservoirs,

#hich shall be'taken, killed, or destroyed through or by the Means ol

the necessary letting off

the*

Water out of the same respectively, or for

or on account of any Repair^) or Works to be done in or about the

same.

CXXVI. Provided always, and be it further enacted:, That! it shall be

Owners and

lawful for the respective Owners and Occupiers of' any Lands .or Occupiers

of

Grounds adjoining the said Canals and Reservoirs to use upon the same, uJ||Vleasure

Pleasure Boats or any Boat for the Purpose of Husbandry only, or for andHus-

the conveying of Cattle or Manure from any Farm or Land

to>

any other: bandry Boats

Farm or Lands of the same Owner or Occupier, without any Interrup. ^ee of

tioh from the said:Company, of Proprietors or any Persons acting under te3'

them; and without paying any such' Rate, Toll, or Duty for the same,

spas such Boats upon the said Canal be not above Five Feet in Breadth

and Twel'vcFeet in Ldngth;,andso as such.Pleasure Boats or-Husbandry

Boats do hottpass ihrough any Lock to be made on the said Canals, and

be.

not employed in carrying any-Geods,-Wares;;'; and Merchandize to

Market,,far for Sale or Hire, or any Person or.Persons for Hire; and so as

the same

do:

not obstru'ct or prejudice the Navigation of the said Canals,

or;thePas'sage'upon the Towing-paths on the Sidds

thereof;

and so that

the,,respective Owners of all

such

Pleasure'

Boats-

or ^Husbandry Boats

shall in

their];

own;

Lands

make convenient Places for-such Boats

to

*lie'

in1,

and;,: shall not suffer the same to be moored

•

Or remain upon the said

Canals.

CXXVII. And e it further enacted, That as soon as conveniently

Ganal to

be

may be, after the said Canals hereby authorized

>tb> bei

mad

e

asaforesaid measured,

shall be completed, the said Company of Proprietors shall cause the same

j™d

l^s t0

to,

be.measured, ahd Stones or "Posts to bererected, and for ever after- every^Haif

wards fmaititained on the Side or Sides thereof respectively, at

the-

Distance MhV

of Half ae from each others

with:

prope> and legible Marks' therebfi,

denoting their Distance from such Places as shall-be- thought ••proper:

GXXYIIL And beitfurJther enacted, .That the said Canals:and other

JJ^jj^01*

Works hereby authorized to be made as'aforesaid, or. any of them, shall "ubjeotto

fiotbe subject tor liable to the Control*. Directions, Surveys,, or Order, of Commission-

any, Commissioners .of.Sewersj or; to

.;

any iLaw or'Statute relating to ers ofSewers.

SeWers; any^, thing in any former Law or Statute to the contrary

notwithstanding.

CXXLX. And be it further enacted, That if at any Time- or Times Remedy for

hereafter any Person or Personsshall sustain iny; Damages in his; her, 'or

{^fol^o™*

their.. Lands, Tenements, Hereditaments,*-or Property, by reason, of the vided for,

Execution of any of the Powers given^for which a;Compensation is>

not herein-beiore provided, then and in every such'Case such Damages

shall.from Time to Time be settled and ascertained';by the Commissioners

appointed by this Act, or assessed by a Jury j and the Sum orSums of

Money to be.paid for the

same,

shall be levied, recovered; and applied in

such;and the same Manner as herein-befo're(directed' with'respect to such

Damages

1600 57°GEORGII III. C«jo.lxiii.

Damages as are herein-before provided for, and the Money to be paid as

a Recompence for the same.

Regulations CXXX. Provided always, and be it further enacted, That in all

as to

Ascent Places where it may he necessary to erect or build any Bridge or Bridges to

t0?2f1^'

communicate with any public Carriage Road, the Ascent to every such

of

Fence.

Bridge for the Purpose of such Road shall not be more than One Foot in

Thirteen, and that a good and sufficient Fence shall be made on every

Side of such Bridge,

which.

Fence

shall not be less than Four Feet above

the Surface of such Bridge.

If Canal not CXXXI. Provided always, and be it further enacted, That in case the

complete sa|^ intended Canals shall not have been completed and made navigable,

Space1 of Ten so that Boats and Barges may pass along the whole Line (unless pre-

Years,

this vented by Floods or.Tempests, or other inevitable Accidents), within the

Act

to

cease.

Space of Ten Years to be computed from the passing of this Act, then,

from.and immediately after the Expiration of

the

said Term of Ten Years,

all the Powers, Authorities, and Privileges given by this Act shall cease

and determine j save only and except of so much (if any) of the said

Canals or Cuts, or any other of the Works hereby authorized to be

made, as shall have been completed.and made navigable, so that the Boats

and Barges may pass along the same respectively, within the Term of

Ten

Years,

and as shall have been declared to have been so made naviga-

ble within the said Term by the Justices of the Peace of.the said Counties

of Sussex and Hants respectively, or either of them/assembled at any

Quarter, Sessions of the Peace to be holden in and for the same Coun-

ties respectively, at any Time before the Expiration of the said Term of

Ten Years, or within Twelve Calendar Months next after the Expiration

thereof,

upon the Evidence of Witnesses upon Oath, to be produced

before them for that Purpose.

CXXX1I. And;be it further enacted, That all Complaints and Informa-

tions of Offences against this Act, or any Rule, Order, or Bye-law to

be made in pursuance thereof (except

in Cases

where the Manner of hearing

and determining thereof

is

herein-before otherwise directed), shall and may

be made before any One or more Justice or Justices of the Peace, in

the County or Place wherein the Offence shall be committed ; and such

justice or Justices is and are hereby authorized and empowered to take

Cognizance

thereof,

and to summon the Person or Persons complained

of to appear before him'or themj and, upon appearing or not appear-

ing of such Person or Persons pursuant to such Summons, to hear the

Matter of every such Complaint and Information by Examination of any

Witness or "Witnesses upon Oath, and to make such Determination

thereon as such Justice or Justices shall think proper; and upon Con-

viction of any Person, such Justice or Justices shall and may issue a

Warrant under his or their Hand and Seal, or Hands and Seals, for levy-

ing the Fine, Penalty, or Forfeiture by virtue of this Act imposed for

such Offence, by Distress and Sale of the, Goods and .Chattels of the

Person so convicted j and all such Fines, Penalties, and Forfeitures, when

recovered, after rendering, the Overplus (if any), when demanded, to

the Owner of such Goods and Chattels (the Charges of such Distress

and Sale being .first deducted) shall (where the Application is riot other-

wise

Recovery of

Penalties.

57°GE0RGI1 III. Capful 1601

wise directed by this Act) be paid into the Hands of the Treasurer or

Treasurers to the said Company of Proprietors, and shall be applied and

disposed of towards defraying the Expences of the said Navigation; and

in case sufficient Goods or Chattels of any Person, liable to pay any such

Fine,

Penalty, or Forfeiture, cannot be found whereon to make such

Distress, and such Fine, Penalty, or Forfeiture shall not be forthwith

paid, it shall be lawful for such Justice or Justices, and he or they is:

and are hereby authorized and required, by Warrant under his or their

Hand and Seal or Hands and Seals, to commit such Offender to the;

Common Gaol or House of Correction for any Term not exceeding

Three Calendar Months, unless such Penalty or Forfeiture, and all rea-

sonable Charges attending the Recovery

thereof,

shall be sooner paid and

satisfied.

CXXXHI. And be it further enacted, That all and every Justice and Form of

Justices of the Peace, before whom any Person or Persons shall be con- Coimction.

victed of. any Offence against this Act, shall and may cause the Convic-

tion to be drawn up in the following Form of Words, or any other Form

of Words to the same Effect; (that is to say),

* \ TV^ ll

rememDered, That

on

' t0 wit- J ° [Time of

Conviction]

at {Place of Conviction] [Name

' °f Offender] of [Addition of Offender] was duly convicted before me

' [or us] [Name and Style of convicting Justice or Justices] for that the

* said [Name of Offender] on [Time of

committing

Offence] at [Place

* of

committing

Offence] did [here state the Offence against the Act

* according to the Fact] contrary to the Form of the Statute made in

' the Fifty-seventh Year of the Reign of His Majesty King George the

' Third, intituled [here set forth the Title of this Act] j and I [or we] do

' therefore declare and adjudge that the said [Name of Offender] has

' forfeited for the said Offence the Sum of [Fine] or shall be committed

* tp [Place of Imprisonment] for the Space of [Time of Imprisoning].

1 Given under my Hand and Seal [or our Hands and Seals] the Day and

* Year first above-written;'

GXXXIV. And be it further enacted, That where any Distress shall

Persons

tak-

be made for any Sum or Sums of Money so levied by virtue of this Act,

jng

Distress

the Distress itself shall not be deemed unlawful, nor the Party or Parties ^^gemed

making the same be deemed a Trespasser or Trespassers on account of Trespassers

any Defect or Want of Form in the Summons, Conviction, Warrant of ab initio.

Distress, or other Proceedings relating thereto, nor shall the Party or

Parties distraining be deemed a Trespasser or Trespassers ab initio on

account of any Irregularity which shall be afterwards committed by the

Party or Parties distraining; but the Person or Persons aggrieved by such

Irregularity shall and may recover full Satisfaction for the special Damages

in an Action upon the Case.

CXXXV. And be it further enacted, That no Proceedings to be had Proceedings

and taken in pursuance of this Act shall be quashed or vacated for Want not t0 be

of Form, or be removed by Certiorari, or any other Writ or Process Wantof

whatsoever, into any of His Majesty's Courts of Record at Westminster

Form, or re-

elsewhere. movable by

Certiorari.

[Local.] iSK CXXXVI. Pro-

57°GEORGII III. .

CXXXVI. Provided always, and be it further enacted, That any Person

of Persons thinking himself or themselves aggrieved by any Order or

Judgment made of -given in pursuance of any Rule, Bye-law, or Order

of the. said Company of Proprietors, or by the. Order of Determination

of any Justide" or Justices of the Peace iri pursuance of this Act, may,

within Four Calendar Months after such Order shall be' made or giveiij

complain to the Justices of the Peace, at the General Quarter Sessions of

the Peace to be held in and for the County where the Cause of Appeal

shall" arise, and not elsewhere, the Person or Persons appealing having

first given at least Fourteen Days clear Notice of such Appeal, and of the

Nature and Matter

thereof,

to the Person or Persons appealed against, or

to'the Clerk of the said Company, and forthwith after such Notice enter-

ing into a Recognizance before some Justice of the Peace for such County,

with Two sufficient Sureties, conditioned to try such Appeal, and to abide

the:

Order and Award of the said Court thereupon ; and the said Justices,

upon due Proof of such Notice and Recognizance having been given and

entered into, shallin a summary Way hear and determine such Complaint

at such General Quarter Sessions of the peace to be held for such County

or Place, or if they think proper, adjourn the Hearing thereof to the next

General Quarter Sessions of the Peace to be held for such County; and

if they see Cause, may mitigate any Forfeiture or Fine, and may order

any Money to be returned which shallhave been levied in pursuance of

such Rule, Bye-laWj Order, or Determination

j,

and shall and may also'

award such, further Satisfaction to be made

to.

the Party injured, tor such

Costs to either of the Parties, as they^ shall judge reasonable arid proper;

and all such Determinations of the said Justices shall be final, binding, and

conclusive .upon all Parties to all Intefitsaud Purposes whatsoever.

Boats may CXXXVII. And, whereas the making of the intended Canals and

passthrough Cuts, and improving the saldj Navigations, will be 6f great Benefit to the

Wey.IVer Trustees or Proprietors of the Navigation of the River Wey; and in con-

sideration

thereof,

and in order to encourage the making the said Canals,

and improving the said Navigation, the said Trustees or Proprietors of the

Navigation of the River Wey, are willing and desirous to permit and suffer

all Boats, Barges, and other Vessels, navigating upon and using the said

intended Canals or Cuts, or any intermediate Canals or Cuts between the

said intended Canals or Cuts and the said River Wey, to pass and repass

upon the said River Wey upon Payment of the Tolls, Rates, or Duties

now authorized to be taken on the said River Wey; be it therefore enacted

by the Authority aforesaid, That all Owners

or;

Persons having the Care

or Conduct of any Boats, Barges, or other Vessels, laden or unladen,-

having passed or which shall pass upon the said intended Canals, Cuts,

or

any.

other Canals or Cuts between the said intended Canals or Cuts

and the said River Wey, pr any. Part

thereof,

and which shall have taken

up or discharged, or shall be passing to take up or discharge their Loading

upon or on the Side of the said Canals or Cuts, or either of them, shall

have free Liberty to navigate and use any Part of the said River Wey,

without obtaining or procuring any Licence or Licences for so doing, upon

Payment of the Tolls, Rates, or Duties by Law authorized to.be taken

upon or for the Use of the saidRiver

Wey\

or upon or for the Use of any

Part

thereof.

CXXXVIII. Pro.

1602

Appeal to

the Quarter

Sessions.

57°GEORGII III. G^.lxiii, 1603

CXXXVIH. Provided always, and be it further enacted and declared,

Boats on

Ri-

That all Boats, Barges, and other Vessels using the said intended Canals verWey to

or Guts, shall, when upon the'River Wey, be subject to the like Regula- ^/"liti^on?

tions as any other Boats, Barges, or Vessels using the Navigation of the 0f River

Wey

said River Wey are by Law liable to. Navigation.

CXXX1X. And be it further enacted, That if any Action, Suit, or Limitation

Information shall be brought or commenced by any Person or Persons for of Actions,

any thing done or to be done in pursuance of this Act, or in Execution

of the Powers and Authorities, or the-Orders and Directions herein-before

given or granted, every such Suit or Information shall he, brought.or com-

mehced within Six Calendar Months next after the Fact shall have been

committed, or in case there shall be .a Continuation of Damages, then

within Six Calendar Months next after the doing or committing of such

Damage shall have ceased, and not afterwards, and shall be'laid or:

brought in the County where the Matter in Dispute shall arise, and hot

elsewhere; and the Defendant or Defendants in such Action or Suit sjiall

and may plead the General Issue, and give this Act and the'Special Matter. General

in Evidence at any Trial to be had thereupon, and'that the same was Issue*

done in pursuance and by Authority of this Act j and if it shall appear

to have been so done, or if any Action, Suit, or Information shall be

brought after the Time so limited for bringing the same, or shall be

brought in any other County than as aforesaid, then and in such Case the

Jury shall find for the Defendant or Defendants ; and in such Case also,

or if the Plaintiff or Plaintiffs shall become nonsuit, or suffer a Discon*.

tinuance of his or their Action or Actions, Suits, or Information, after

the Defendant or Defendants shall, have appeared thereto, or if any Ver-

dict shall pass upon the Plaintiff or Plaintiffs, or if upon Demurrer or

otherwise Judgment shall be given against the Plaintiff or Plaintiffs, the

Defendant or Defendants shall have Treble Costs, and shall have such Treble

Costs.

Remedy for the Recovery of the same as any Defendant or Defendants

hath or have in other Cases at Law.

CXL. And whereas the probable Expence of making the said Canals The whole

and other Works hereby authorized to be made will, according to an

?*

lpe

Pro1ja_

Estimate made

thereof,

amount to the Sum of One hundred and .twenty- t^b,.^^^068

five thousand four hundred and forty Pounds, or thereabouts; and the scribed be-

Sum of One hundred thousand four hundred Pounds, being more than fore the Act

Four-fifth Parts thereof of such Expences, has already been subscribed Is put m

for defraying such Expences, by several Persons under a Contract, bind-

ing them, their Heirs, Executors, and Administrators, for the Payment

of the several Sums of Money, so subscribed by them respectively ; be it

therefore enacted, That the whole of the said Sum of One hundred and

twenty-five thousand four hundred and forty Pounds shall be subscribed

in like Manner before any of the Powers given by this Act shall be put

in force.

CXLI. Provided always, and be it enacted, That nothing herein con- Act not to

tained shall be construed to restrain, revoke, or annul, or in anywise affect a™ the

the Powers of an Act made and passed in the Fifty-fourth Year of the '3-c-*S9'

Reign of His present Majesty, intituled An Act for the better Regulation of

the several Ports, Harbours, Roadsteads^ Sounds, Channels, Bays, and navi-

gable Rivers in the United Kingdom, and of His Majesty's Docks, Dock

Tards,

1604

Saving

Rights.

Rights of

Lords of

Manors.

57°GEORGII III. Cap.ixm.

Yards, Arsenals, Wharfs, Moorings, and

Stores

therein; and for

repealing

several Acts passed for that Purpose; or the Penalties inflicted on Persons

offending against the same; but that the same shall remain in full Force

and Effect.

CXLII. Provided also, and be it further enacted, That nothing in this

Act contained shall prejudice, lessen, or abridge the Right or Rights, or

tend or be construed to defeat, prejudice, lessen, or abridge the Right or

Rights of His Majesty, and His Heirs and Successors, and His and their

Patentees or Lessees, to any Toll, Custom, or Duties whatsoever.

CXLIII. Provided always, and be it further enacted, That nothing

herein contained shall extend or be construed to extend to lessen or abate,

or in any Manner to affect or prejudice the Rights, Titles, or Privileges

of the Most Noble Barnard EdwardDuke of Norfolk, the Mayor and

Burgesses of the Borough of Arundel, or of any Lord or Lords,* Lady or

Ladies of any Manor or Manors, his, her, or their Heirs, Successprs,

or Assigns, to any Customs, Tolls, Rights, Profits of Fairs and Markets,

Royalties, and all other Things, which- are now or shall happen to come

within the Limits of their respective Manors, or other Benefits or Advan-

tages belonging or in anywise appertaining to them, or either of them,

other than such Tolls, Rates, and Duties as are by this Act authorized and

directed to be collected, received, and paid; but that he, she, and they,

and all other Person or Persons authorized by him, her, or them, may

take away, receive, and enjoy the same as fully and beneficially toall

Intents and Purposes whatsoever as if this Act had not been made.

CXLIV. Provided always, and be it further enacted, That nothing in

this Act contained shall extend or be construed to extend to lessen or take

away, in any respect whatsoever, the Power of the present or any future

Commission of Sewers for the Rapes of Arundel and

Chichester

in the

said County of Sussex, but that the same shall continue in full Force and

Effect; and the Commissioners of Sewers for the Time being shall have

the same Power, within the Limits appointed by the present or any other

Commission of Sewers hereafter to be granted for the said Rapes of Arundel

and Chichester, as such Commissioners would have had in case this Act

had not been made, otherwise than as the same may be altered, varied,

or abridged by the Powers and Authorities given by this Act.

Saving of

the

CXLV. Provided always, and be it further enacted, That nothing

Rights of

the

herein contained shall extend or be construed to extend to allow theCom-

Commission-^

panv

0f Proprietors acting under this Act to scour, deepen, enlarge, or

hampton straiten that Part of the River Arun now being under the Government,

Harbour. Control, or Superintendence of the Commissioners acting under Two

certain Acts of Parliament, the former inticuled An Act for

erecting

Piers

in,

and for repairing and

keeping

in Repair the Harbour of Littlehampton

called Arundel Port, in the

County

of Sussex ; and the latter being for ex-

plaining and amending the last-mentioned Act, and for empowering the

Commissioners acting under the said Act to improve the Navigation of

the River A run from the said Harbour to the Town of Arundel.in the said

County; nor shall any thing herein contained extend to lessen or abate,

or in any Manner to affect or prejudice, the Rights, Powers,, or Privileges

of such last-mentioned Commissioners. CXLVI. And

Commis-

sioners of

Sewers.

570GEOROII III. C^.kiii. 1605

CXLVL A^diwherea&the^Mqyor, Aldermen, and Citizens^ of the Gity

c'°!P°.rj

oiiGhtches'tier

afe^riow-ehtM^ and Dues upon-,"for-,

or-

in _„ _

poration

upon, tor» win ^^J^"*

respect 'of- thej Wares,-Merchandize,' arid, bther Articles loaded; cer"tain Dues

shipped^'ore landed- at, bit, dfr near,;the'Qiiaybr Port of the said-'Cityi on the Canal.

commonly called Dell ^uay, situate' in the Parish aSAppledram inthe said

County'--of

Sussex-:

And'whereas {considerable Quaiititie^ of such GJoodsj;

Watfesj Merchandize,'-ahda othfer Articles-' inayY after -the making such

Canals or Cuts as 'aforgsaid,-dV sdme'-or one of therivbe loaded, shipped^

or^ landed *'at'or on the5 Whar-fs'^oriBanks, or discharged in or'near thg

Basinsibelonging to brused-fOrthe'P^rposes of thesaidCanals of Guts, or

some or one iof theiri, by7^reason whereof considerable Loss; ifiay arise or

happen to-the''said';Mayor:, Aldermen, and Citizens ; be it therefdre;'en-

aetedj-JThar-U shall and may-be lawful to arid for the said-Mayor,-'Alder-'

men and Citizen's'/ from-Time to Time "after the making-of such Gianalsbi

Cuts as--aforesaid,'-or atiy'br either.of them, to ask, dematfd, take*, have,

and- receive'all-such and; the like Dues, Duties^ or Payments for or ifi

respect of all srich Goods,'Wares, Merchandize, and -other Articles that

shall be loaded, shipped, br4ahded atr on the Wharfs or. Banks-'or

discharged in-or hear the;Basins of or. belongingito "or-used for the Pur-

poses of the said intended Canals or Cuts, or any or-either of thern, with-

in the Space of Three-Miles to the Westward- of the said Salterns in the

Parish of Birdham, or within the Space of Five Miles of the said Salterns

in any other Direction, as they the! said Mayor, Aldermen, and Citizens

are now entitled to ask, demand/take, have, or receive for or'ih respect

of any Goods,- Wares, - Merchandize/- or other Articles loaded, shipped}.

or landed at^ oni or .near the said Quay or Port "called Dell Quay ; and

to collect; sue forj levy,-recover* and enforce the Payment of all'such

Duesj'Duties*-or Payments respectively^ by such arid the like Remedies",

Ways,

Means, or Expedients, as if the said Goods, Wares, Merchandize^ br-

other Articles had been loaded,-shipped, or landed at, on, or near to the

said Quay or Port called Dell Quay \ and the said Canals or Cuts, Wharfs,

Banks,' and Basins situate within Three Miles to the Westward of the said

Salterns, and within-Five Miles of the same in any other Direction,, for

the Purpose of demanding, collecting, suing for, levying, recoveririg,'

and enforcing- the Payment of- such DuesV Duties, or Payments as afore-

said (but for no other Purpose), shall respectively be deemed,'construed,

and taken to be within or Part of the Port of- the said City of

Chichester

;

any thing in this Act or any ^other Act or Acts of Parliament, Charter,

Law, Usage, or Custom to the contrary thereof in anywise notwith-

standing.

C-XLVII. And whereas the Mayor, Aldermen, and Burgesses of the Corporation

Borough-of Portsmouth are- now entitled to- certain Cranage,. Wharfage", ofPo'-ts-

Petty Customs, and other Dues upon, for, or in respect of the Goodsi ^w^

Wares and Merchandize, and other Articles loaded, shipped, or unloaded tain Dues

OK

at the Quay of- the said'Borough in theTowri ofPortsmouth: Arid Canal.

whereas considerable Quantities of such Goods, Wares, Merchandize^

arid other Articles, may, after the makingsuch Garial or Cut from the

said Harbour of Langstone to the said Place called The Halfway

Houses

ift

the!

Parish of

Portseai

be loaded, shipped, or unloaded at or on the Wharfs

or-Banks, or discharged in or near the Basins belonging to or used for the

Purposes of the said Canal or Cut, by reason whereof considerable Loss

may arise or happen to the said Mayor, Aldermen, and Burgesses; be it

{Local.'] 18 L therefore

1606

Exemption

of Goods in-

tended for

the Use of

the Crown.

Power to

collect the

Dues of the

Corporation

of Ports-

mouth.

57°GEORGII III. Cap.hm.

therefore enacted, That, it shall and jnay be lawful to, and for,

the

Said

Mayor, Aldermen, and Burgesses, from Time to Time, after the making

of such Canal or Cut as aforesaid, to ask, demand, take, have, and receive

all;

such and the like Cranage, Wharfage, Petty Customs, and other

Dues for, or in respect of ,all Goods, Wares, Merchandize, and other

Articles that shall be loaded, shipped, or. unloaded, at or on the Wharfs,

Banks, or discharged in or near the Basins of or belonging to or .used for

the

Purposes of the said intended Canal or Cut, situate at;or near

The Half?

way

Houses•,

or on any Part of the said intended Canal or Cut, from the

said Harbour of

Langstone

to the said Halfway

Houses,

as they the said

Mayor, Aldermen, and Burgesses are now entitled to ask, demand, take,

have,

or receive for or in respect of any Goods, Wares, Merchandize, or

Other Articles loaded, shipped, or unloaded at the said Quay of the

Borough of

Portsmouth;

and to collect, sue for, recover, levy, and en-

force the Payment of such Cranage Wharfage, Petty Customs, ,and

Other Dues, by such and the like Remedies, Ways,

Means,,

or Expedients,

as if the said Goods, Wares, Merchandize, or other Articles, had been

loaded, shipped, or unloaded at, on, or near to the said Quay of the

Borough of

Portsmouth

; any thing in this Act, or any other Act or Acts

of Parliament, Charter, Law, Usage, or Custom, to the contrary thereof

in anywise notwithstanding.

CXLVIII. And be it further enacted, That nothing in this Act contained,

shall extend or be construed to extend to subject to the Payment of the

said Cranage, Wharfage, Petty,Customs, and other Dues, ;herein-before

granted to the said Mayor, Aldermen, and. Burgesses, any Goods, Wares,

Stores, Merchandize, or other Articles, being the Property of or belong-

ing to, or which shall have been contracted to be delivered to, and which

shall be in the Course of Delivery under such .Contract, to and for the Use

of His Majesty, His Heirs and Successors.

CXLIX. And for the better securing to the Mayor, Aldermen, and

Burgesses, the said Cranage, Wharfage, Petty Customs, and other Dues

hereinbefore granted, be it further enacted,That it.shall.and may be law-

ful for the said Company of Proprietors, and; they are hereby required,

so long as the said Mayor, Aldermen, and Burgesses shall consent thereto,

to ask, demand,

take,;

and receive, to and for, the Use and Benefit of,the

said Mayor, Aldermen, and Burgesses, the said, Cranage,-Wharfage,

Petty Customs, and other Dues,herein-before granted, in

such.

Manner as

the said Company of Proprietors are herein-before authorized to ask, de^

mand, take, and receive to and for their own Use and Benefit, the several

Rates,

Tolls, and Duties herein-before granted to. the said Company of

Proprietors; and in case of Neglect or Refusal to pay any such,Cranage,

Wharfage, Petty Customs, and other Dues,, or any Part

thereof,

to use

and exercise all such Powers and Authorities for enforcing,the Payment

thereof,

as they are herein-before enabled tp use and exercise for enforc-

ing the Payment of the several Rates, Tolls, and Duties herein-before

granted to the said Company j and for that Purpose (the said ,Cranage,

Wharfage, Petty Customs, and other Dues, shall be taken to be and con-.

sidered as Rates, Tolls, and Duties payable to the said Company of

Pro-

prietors under and by virtue of this Act; and the said Company of Pro-

prietors shall be liable from Time to Time to account with the said Mayor,

Aldermen, and

Burgesses,

for all such Cranage, Wharfage, Petty Customs,

and

57° GEORGII III. Cap.lxm. 1607

and other Dues, as shall be so taken and received by them, and pay over

the same,-and shall make Entries of the Receipts of-the samein-a-Book to

be kept by them for that Purpose; and the said Mayor, Aldermen, and

Burgesses, or such Person as shall be by them lawfully appointed, shall,-at

all Times during the usual Hours of

Business,

have Liberty to inspect the

said Book, and to take Copies of all or any Part

thereof;

and the said

Mayor, Aldermen, and Burgesses, upon such accounting as aforesaid*

shall allow to the said Company of Proprietors the Sum of Ten Pounds

for every One hundred Pounds, and so at and after the same Rate for

every less Sum of

the

Monies taken and received by them for such Cranage,

Wharfage, Petty Customs, and other Dues as aforesaid.

CL.

And be it further

enacted,:

That this Act shall, be

,

deemed and public Act.

taken to be a Public Act, and shall be judicially taken Notice of

as

such

by all Judges, Justices, and others, without being specially pleaded.

The

1608 57° GEORGII III. CapAxiil

The SCHEDULE to which the foregoing Act refers.

Counties and Parishes.

SUSSEX.

Ford

Yapton

Aldingbourne

Do.

and Tithing of")

Lidfey - J

Do.

Do. -

Oving and Tithing"!

of Drayton - J

Donnington

Dq. - -

Do.

Appledram

HANTS.

Widley

PorUea

Do.

DQ.

-

Owners.

George Thomas Esq.

Benjamin Staker »

William Collins

Richard Hasler Esq.

Miss Barrow

Philip Lawrence

General Crosbie

Assignees of the Estate and*\

Effects of William Dear- 1

ling Esq. now Charles f

Fogden - -J

The same

General Crosbie

William Hamilton Esq. -

His Majesty's Honourable \

Board of Ordnance - J

Miss White -

Richard Godman Temple -

The same

Henry Cox

William Cox

Henry Hill Sen.

Henry Hill Jun.

Henry Grigg Hewitt

The Mayor and Corpora- \

Occupiers.

Mary Hotston

Benjamin Staker r

James Horn and Edward")

Harvey -

•-

J

Himself

William Uwins - -<

Himself - - -

John Rudwick

John Simms i

Charles Barnes

Daniel Fogden

Henry Freeland

Charles Browning

James Ellis

Unoccupied

William Poor

Robert Hunt

William and James Dean -

Peter Emery

Henry Hill Jun.

Himself

Henry Hill Sen.

William Stroud -1

tion of the Borough of >| William Hunt - -'V

Portsmouth - -J \ Henry Moody -J

Warden and Fellows of

"J

Winchester College - J

The same

Richard Godman Temple")

Esq. - - -J

Trustees of Ridge

Mrs.

Mary Hancock

Trustees of Ridcre -j

Thomas Thistlethwayte"»

Esq. - -

1

Thomas Motley - f

Samuel Wheeler - -J

Thomas Thistlethwayte^v

Esq. - - ^

Thomas Motley - (

James Callaway -J

William Hunt

John Ivimy -

William Hunt

Henry Hill Jun.

John Ivimy . -

*|

Henry Moody - J

Description.of Property.

Wharf.

Barn, Yard, &c,

CottagesandGardens,

New Barn and Yarn.

Barn, Yard, and

Orchard.

Groves' Coppice.

Orchard.

Cottage and Garden.

Do.

Orchard.

Appledram Coppice.

Garden.

Rick Yard.

Garden.

Do.

Do,

Do.

• Do.

Do.

57°GEORGII III. CapMil 1609

SCHEDULE—continued.

Counties and

Parishes.

HANTS—tont.

Portsea ~

Do.

*

Do.

*

Do.

g

Do.

.

Do.

»

Do.

Owners.

Richard Godman Temple!

Esq. - - -J

Mrs.

Sarah Goldsmith

Viscount Powerscourt

The same

Trustees of Ridge

Samuel Twyford Esq.

Charles Winkworth

Richard Godman Temple \

Esq. - -J"

Heirs of the late John Morey

Samuel Twyford Esq.

Lord Viscount Powerscourt

The Warden and Fellows

"1

of Winchester College - J

Heirs of the late John Morey

Lord Viscount Powerscourt

Richard Godman Temple")

Esq. - -J

Lord Viscount Powerscourt

James Dunning

George. Atkins

George Atkins

Do.

Occupiers.

Henry Moody •

Henry Hill Sen.

Thomas Land Suett

William Hunt

Thomas Land Suett

William Hunt

Ambrose Buxey

John Ivimy

Henry Moody

John Moses

William Hunt

Himself

Stephen Hillier

Richard Martin

William Clarke

Henry Davis

Charles Ridgway

Thomas Adams

William Carter

John Ings

John Trew

John Blundell

Thomas Trigges

John Crowter

Thomas Hannam

George Millman

John Wells

William Hunt

William Clarke

Elizabeth Clarke

William Harvey

John Fowler

John Vine

John Wells

William Higman

Thomas Land Suett

William Hunt

Stephen Hillier

Thomas Thistlethwa

Esq.

Thomas Holmes

William Rayner

John Richards

George Ware

Thomas Land Suett

George Munk

Jacob Rayner

Stephen Hill

Thomas Land Suett

George Munk

John Lee

Himself

Sarah Macaree

James Brewer

-

.

:}

-1

:}

-

:}

:]

-L

-r

:j

-

- >

-

.

-

•

.

_

•")

:}

yte.A

•I

:/

:}

-•)

:}

-

-1

:}

.

- -

Description of Property.

Garden.

Do.

House and Garden.

Do.

[Local."} 18 M

1610 57°GEORGII III. CapAA

SCHEDULE—continued.

Counties and Parishes.

HANTS—cotlt.

Portsea

Do.

-

Do.

«

Do.

*

Do.

*•

Do.

«

Do.

Do ;

Owners.

William Wheeler

Thomas Sheridan

Do.

Thomas Sheridan

Lord Viscount Powerscourt

William Loney -

John Franklin

Lord Viscount Powerscourt

Henry Praghell

Lord Viscount Powerscourt

Do.

James Woods, a Minor,"\

Mrs.

Myrtle, his Mother, >

and Guardian -J

Lord Viscount Powerscourt

Do.

« «- -

Warden and Fellows of")

Winchester College - J

Do.

* -

: Lord Viscount Powerscourt

Henry Weletecd - -

Occupiers.

John Whitfield

John Ings

JohnPafFard • -"i

John Bcrryman - >

Henry Hawkins —J

George Blakelock

Thomas Land Suett -"}

Mary Sparrow - - >

Francis Harvey -J

Himself

Thomas Land Suett -^

Mary. Sparrow - I

William Gibbs - - j

•

Jane Lucas - -J

Himself - -

Thomas Land Suett -~\

Mary Sparrow - - i

Thomas Payne - l

George Blacklock -J

Thomas Land Suett -~\

Mary Sparrow » » >

William Rayner -J

George Franklin -

Thomas Land Suett -"*

Mary Sparrow - ?

Daniel Robins - -J

Thomas Land Suett -"J

Mary Sparrow - V

Thomas Biddlecomb -J

ThomasThisllethwayteEsq.~l

Mary Sparrow - - >

Thomas Linnington -J

ThomasThistlethwayteEsqri

Mary Sparrow - - >

James Dean - -J

ThomasThistlethwayteEBq. ^

Mary Sparrow - >

William Wimbow -J

Thomas Land Suett -"

John Crabb - -

William Hollister

William Warren

Sarah Wearn

Isaac Cropp

John Lucas - - I

George Bushell - f

John Davis

Susan King

Thomas Thompson

William Sylvester

Samuel Newman

Martin Gilbert

Martin Gilbert -^

John Williams - - I

James Hillman - >

William Attrill -1

William Lambert -J

Description of Property.

House and Garden.

Do.

House and Garden.

Do.

Garden;

House and Yard,

Do.

Garden.

House and Gardeiu

Do.

Garden.

Do.

|

Do.

J

House and Garden.

Garden,

Do.

Do,

Do.

Do..

Do.

• Do.

57°GEORGII III.

CapAxiii.

1611

SCHEDULE—continued.

Counties and Parishes.

HANTS—cont.

Port sea

Do.

P.

-.

M •

-

- .

.

-

*

-

. .

*" *

.

~

.

-

C2 m

m

*• «

.

Owners.

Henry Welsteed

John Lewis and

Mrs.

Lewis

Do.

- •»

Do.

n m m

Do.

• * -

Do.

- -

Do.

- -

Trustees of the late Wil- \

liam Pye - -j"

Henry Wellstead

Do.

« -

Do.

John Keet »

Josiah Wadge

Samuel Spicer Esq.

John Cox

Henry Worsfield

John Cox

Do.

- -

Do.

- -

Do.

-

John Carpenter - -

John Cox

James Jeans

Devisee in Trust of the

late Sir John Carter

Occupiers.

Thomas Adams •* -^

George Taylor - I

Thomas Furlong - J

Daniel Holly - -J

William Whiffing -1

Thomas Linnington - J

William Whiffing

William Gibbs

James Hallett

William Bow -

George Pragnell

Josiah Wadge »

Himself »

William Cooper

Mary Kingsford «

George Griffee

Himself

Josiah Wadge ^

William Lewis

James Stephens -

James Williams

William M'Leary

Thomas Bird

Himself -

Francis Shotter

Richard Adams

James Jeans

William Pink -

Description of Property.

Garden.

Do.

Garden, House, Yard,

Bakehouse,! and

other Offices.

House and Yard.

Do.

Garden.

Blacksmith Arms

Pub-

lic Houfe, Yard,

Garden and Offices.

House and Yard.

Do.

LONDON: Printed by GEORGE EYRE and ANDREW STRAHAN,

Printers to the King's most Excellent Majesty. 1821.

Jurisdiction	England & Wales
Citation	1817 c. lxiii

Portsmouth and Arundel Navigation Act 1817

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