River Lee. Act 1738
| Jurisdiction | UK Non-devolved |
| Citation | 1738 c. 32 |
(12 Geo. 2) C A P. XXXII.
'WHEREAS there hath been and still is an ancient and accustomed Navigation on that Part of the RiverLee , which runs from the Borough and Town of Hertford in the County of Hertford to Ware Bridge in the Town of Ware in the same County; which Navigation hath formerly, at different Times, been carried on through different Branches of the said River; but the same for many Years past hath been and now is carried from the said Borough and Town of Hertford through a Channel running to Ware Mills , unto and through a Cistern or Lock near the said Mills, and from thence to Ware Bridge in the said Town of Ware , and from thence to the River of Thames : And whereas the Governor and Company of the New River brought from Chadwel and Amwell to London , have, for many Years past, had and received into the said New River , a considerable Quantity of Water which issued out of the said River Lee , at the Mouth or Opening of Manifold Ditch , which lies between the said Town of Hertford and the said Town of Ware : And whereas several Disputes have arisen between the Corporation of the said Borough and Town of Hertford and the Inhabitants of the said Town of Ware , and the said Governor and Company, touching the Water issuing out of the said River Lee into the said New River , and touching the Course of the said Navigation: And for ending thereof, and for preventing the like for the future, and for improving the Navigation of the said River Lee , the Corporation of the said Borough and Town of Hertford , and the the Inhabitants of the said Town of Ware , and also the said Governor and Company, who have purchased Ware Mills aforesaid, have agreed that the Navigation between Hertford and Ware Bridge may be fixed and ascertained in the present Channel, and that the Quantity of Water which is to be taken from the River Lee , into the said New River , may be ascertained in the Manner, and upon the Terms and Considerations herein after mentioned, which will redound to a general Good; but cannot be established or rendered effectual without the Aid of an Act of Parliament:' Wherefore the Mayor, Aldermen and Commonalty of the said Borough and Town ofHertford , and the Inhabitants of the said Town of Ware , and also the said Governor and Company most humbly beseech your Majesty that it may be enacted, and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the twenty-fourth Day of one thousand seven hundred and thirty-nine, the Navigation of the said RiverLee shall be, and the same is hereby established, and for ever hereafter shall be fixed and continued in the same Channel or Course wherein the said River now runs, and is used for Navigation, from the said Town of Hertford to Ware mills as far as the Lock or Cistern near the said Mills, and through the said Lock or Cistern to Ware-bridge , and from thence in and along the ancient River Lee unto the beginning of the Cut or River made by the Mayor, Commonalty, and Citizens of London , in pursuance of the Act passed in the thirteenth Year of the Reign of Queen Elizabeth ,intituled, An Act for the bringing of the River of Lee to the North Side of the City of London, and from thence in and along the said new Cut or River unto the said River of Thames , in the same Manner as the Navigation hath been usually carried on and performed.
II Occupiers of Ware mills to give a Supply of Water for the Passage of Barges, &c. through the Lock.
II. And be it further enacted by the Authority aforesaid, That a sufficient Supply of Water from the Mill dam of the saidWare-mills shall be given by the Owners or Occupiers of the said Mills, for the Passage of all Barges, Boats, and Craft through the said Lock or Cistern, and for carrying them from thence to Ware-bridge , and back again from Ware-bridge to and through the said Lock or Cistern, the Owners or Occupiers of every Barge, Boat, or Craft passing through the same towards Ware , first paying to the Owners or Occupiers of the said Mills the Sum of one Shilling for each Barge, Boat, or Craft, for such Passage through the said Lock or Cistern, and for such Supply of Water, and without paying any thing on their Return through the said Lock or Cistern.
III New River Company to keep the Lock in repair.
III. And be it further enacted by the Authority aforesaid, That the said Governor and Company shall from time to time, and at all times hereafter, at their own proper Costs and Charges, maintain and keep in good and sufficient Repair the said Lock or Cistern near the saidWare-mills , for the Conveniency of all Barges, Boats and Craft that shall from time to time have Occasion to pass or repass through the same; so as that, for want of any such Repairs (otherwise than at the Time or Times of the absolute Necessity of making good the same) they may not at any Time or Times be hindered or stopped in their Passage through the same Lock or Cistern.
IV Trustees to set up a Turnpike cross the River Lee,
IV. And be it further enacted by the Authority aforesaid, That the Trustees herein after named, or to be appointed in pursuance of this Act, or any ten or more of them, shall and may, out of the Monies herein after appointed to be laid out for improving the Navigation of the RiverLee , between the Town of Hertford and Ware-bridge , set up, erect or build a Turnpike, Weir, Jettey or some other Device cross the said River Lee , between the said Mills and Water-lane , near the Wall of the Priory Orchard in Ware aforesaid, in such convenient Place and Manner as by the said Trustees, or any ten or more of them, shall be thought most beneficial for the Navigation of that Part of the said River Lee , and be least detrimental to the said Mills; and also from time to time, and at all times hereafter, scour, cleanse and deepen the same RiverLee , between the said Mills and Ware-bridge ; and shall have Power to pass and repass with Carts and Carriages in, through, and over the Grounds adjoining, for the Purposes aforesaid, making such reasonable Satisfaction to all Owners or Occupiers of Lands and Grounds which may be damaged or injured thereby, as the Justices of the Peace for the said County, at any General Quarter-Sessions, shall adjudge, in case the said Trustees and the other Parties concerned cannot agree; but the said Governor and Companyshall have the Direction and Government of such Turnpike, Weir, Jettey or Device after erected, and shall, from time to time, maintain and keep the same in good and sufficient Repair, and permit all Barges, Boats and Craft to pass through the same without any Toll or other Acknowledgment for such Passage.
V Draught of Water from the River Lee into the New River ascertained.
V. And be it further enacted by the Authority aforesaid, That it shall and may be lawful to and for the said Governor and Company of theNew River , at all Times for ever hereafter, to have, receive and take from and out of the said River Lee into the said New River , and to hold, use and enjoy a Quantity or Body of Water constantly to issue from the said River Lee , at or near the Mouth or Opening of Manifold Ditch aforesaid, through the Balance Engine there lately erected by the said Governor and Company, and to pass and run along and through the said Manifold Ditch , to the ancient Turnpike or Sluice of the said Governor and Company, now standing cross the same Ditch, near a small Piece of Land called Chalk Island , and from the said ancient Turnpike or Sluice in and along a Cut or Trench made from thence into the said New River , through the present Timber Gage or Trough, there lately placed by the said Company; which Gage or Trough is of the clear Dimensions within the same, of six Feet in Weadth or Breadth, two Feet in Depth, and fourteen Feet in Length, and is to be continued of the same and no greater Dimensions for ever hereafter in Brick, Wood or Stone as the said Governor and Company shall think most proper and useful, between the Brick Arch standing near the said Turnpike and the said New River , and not be placed perpendicularly higher or lower than the present Gage now is, to the Intent that the said Governor and Company shall for ever hereafter be supplied with a constant Quantity or Body of Water of the Dimensions aforesaid, and no more, to run and pass from the said River Lee into the said New River in a natural Course, and without any Pen at the said Gage or Trough; and that it shall not be lawful to or for the said Governor and Company, at any Time or Times hereafter, to take any more or other or greater Quantity of Water than as aforesaid, out of and from the said River Lee or Manifold Ditch aforesaid, between the Towns of Hertford and Ware , by or through any other Passage, Ditch or Cut, or in any other Manner than as in this Act is mentioned.
VI. And to prevent any greater Quantity of Water than as aforesaid, at any Time or Times, passing from the said RiverLee , through the said Gage or Trough, into the said New River ; Be in...
To continue reading
Request your trial