Severn Horse Towing-path Act 1803

JurisdictionEngland & Wales
Citation1803 c. cxxix
ANNO QUADRAGESIMO TERTIO
EORGII IE REGIS.
*****###**##**********************#**#****************
Cap.
129.
An A£fc for extending and making the Horfe Towing
Path or Road, on the Banks of the River Severn,
from Bewdley Bridge in the County of Worcejler^
to the deep Water at Digits below the City of
Worcefier. [27th July 1803*]
W
HEREAS a Towing Path or Road has been made for haling
and drawing of Veffels with Horfes along the Banks of the
River
Severn,
from a Place called
Meadow Wharfs
at Coal-
brook
Dak in the County of
Salop,
to
Bewdley Bridge
in,the County of
Worcefter,
and the Navigation of the faid River has been greatly benefited
thereby: And whereas Boats, Barges, and other Veffels navigating.on
the faid River between
Bewdley Bridge
aforefaid, and Digits below the
City of
Worcefter,
are haled by Men only, which is attended with great
Expence, Uncertainty, and Delay; but if Power was given to hale the
fame with Horfes or other Beafts, and to extend the Horfe Towing Path
from its prefent Termination at or near
Bewdley Bridge
aforefaid, to Digits
below the faid City of
Worcefier,
the Navigation of the faid River would
be attended with greater Expedition, Certainty, and Convenience, and
be carried on at lefs Expence: And whereas the feveral Perfons herein-
after named are willing and defirous, at their own proper Cofts and
[LQS\
& Per.^ 27 A Charges
2394
Company.
Survey taken
and a Plan
and Book of
Reference
made.
Two Parts to
be made and
certified by
the Speaker
of the Houfe
of Commons*
43°GEORGII III. Cap. 129.
Charges, to make and maintain fuch Extenfion of Road or Towing Path
from Bewdlej Bridge to Digits aforefaid; but the fame cannot be effec-
tually carried into Execution without the Aid of Parliament: May it
therefore pleafe Your Majefty that it may be enafled ; and be it enadted
by the King's moft Excellent Majefty, by and with the Advice and Con-
fent of the Lords Spiritual and Temporal, and Commons, in this prefent
Parliament alfrmhled, and by1 the Authority of the fame, Thai Thomas
Farley, Archibald Duncan, Thomas Lees, John Turner, Jofepb *Lingham,
William Payne, William Hill, John Bradley, John.Lewis, Thomas^Freame,
John
Dillon^
William Hopkins, William Thorn,
George
BelJIoam,
John
Rey*
nolds, Richard Jukes, Jonathan Worthington, Jonathan Worthington the
younger,
Samuel
Bar net, Robert Mules,
Samuel
Banks,
Hicken
Bold,
John
Tates the elder, William Devey, Samuel
Jones..
Henry
Jones,
Thomas
Nevitt,
William
Tates
of Stourport, William Davis,
Francis
WhaUy, Wdliam Walker,
Timothy Smith, Robert
Samuel
Skeyy
Jofeph
Gibbins,
Thomas
Hill, Lovell,
Francis
Ruff or d, Thomas Biggs, John Tates the younger, William Tales of
Madeley, Richard
Crumps
Richard'Tolley, Margaret Smith, and their feve-
ral and refpe£tive Succeffors, Executors, Adrniniftrators, and Afligns,
are and (hall be united into a Company for the better carrying on, ex-
tending, improving, completing, and maintaining a Road, Paffage, or
Towing Path, for haling or drawing with Horfes or other Beads, any
Boats,
Barges, or other Veifds navigating on the faid River between
Bewdley Bridge and the deep Water at or near Diglis below Wcrce/ier,
and (hall for that Purpofe be One Body Politick and Corporate, by the
Name of The
Company
of Proprietors of the River Severn Horfe Towing
Path Extenfion, and by that Name thall have perpetual Succeflion, and
(hall have a Common Seal, and by that Name (hail and may fue and be
fued, and alfo (hall and may have Power and Authority to purchafe
Lands, Tenements, or other Hereditaments, to them and their SuccefTors
and Afligns, for the Ufe of the faid Towing Path and the Work* hereby
authorized to be made, without incurring any- of the Penalties or For-
feitures of the Statutes of Mortmain^ or any of them j and *alfo to fell
all or any of the Lands or Tenements: fopurchafed, for the Wk of the
faid Towing Path and Works; and, any Perfon or Perfons, or. Bodies
Politick, Corporate, or. Collegiate, may give, grant, bargain, fell, or
convey, to the faid Company of Proprietors any Lands^ Tenements, or
Hereditaments, for the Ufe and Benefit of the faid Undertakiajg, with-
out Licence of Alienation in Mortmain.
IL And whereas a Survey has been taken, and a Plan or M&p> *#nd
Book of Reference thereto, have been made in cohfequence of fuel? Survey,
through at}d over the feveral Lands or Grounds now or late belonging or
reputed to belong to the feveral arid refpe&ive Perfons, and acrols:Wr
over fuch Roads, Rivers, and Brooks, as are particularly mentioned and
defended in the faid Plan, and fet forth in the faid Book of Reference;
be it therefore enacted and declared, That there (hall be Two Parts made
of the faid Map or Plan and Book of Reference, which (hall be certified
by the Right Honourable the Speaker of the Houfe of Commons, and
feverally kept by the Clerk of the Peace for the County of Worcefter,
and the Clerk to the faid Company of Proprietors for the Time being,
to which all Perfons (hall have free Liberty to refort, and to make Extra&s
and Copies thereof as Occafion {hall require
,
and the faid Maps or
Plans,
and Books of Reference fo certified, or true Copies
thereof,
thai I
be
43° GEORGXI III.
Cap.
rsg. 2395
be and are hereby declared to be good Evidence in all Courts of ,Law or
elfewhere; and the Clerk for the Time bein% to rhe faid Company, upon
Seven Days.Notice to him given for that Purpofe, fliall from Time to
Time produce the faid Map or Plan and Book of Reference in his Cuf-
tody, before any'Juftice or Juftiees, or any jury or Juries to be im-
pahnelled by virtue of this Aft, at the Time and Place to be mentioned
in fuch Nopce, in order that the fame may.be then arid there given in
Evidence.
III.
And Be it further enacted, That the faid Company, in making the Towing Patk
faid Towing Path, {hall not deviate from the Courfe or Dire&ion in the purfua™t to
faid Map or Plan, and fet forth in the faid Book.of Reference, by making
the
Flan.
fuch Towing Path on the oppofice Side of the River to that whereon the
fame is fet out and defcribed on fuch Plan or Map, without the Confent
in Writing of the Perfon or Perfons, Body Politick or Corporate, to
whom fuch Eftates, Lands, or Grounds, do or fhall refpe&ively belong.
IV. Provided always, and be it further enacted and declared,. That the Land Owner*
faid Company (hall and Jtiay.make the faid intended Towing Path or jn^jj^okof
Road into, through, acrofs, on over the fev(eral Lands or Grounds of Reference,
any Perfon or Perfons who is, or are Owner or Owners of Land over "hCmaking1"
which the fame is fet out and defcribed as aforgfaid, although the Name
the
Haling
or Names of Jueh Perfon or Perfons may happen to be omitted in the ?ath'
faid Book of Reference.
V. And be it further ena&ed,; That it fliall £e lawful, for the faid
The
Manner
Company of Proprietors, and they, are hereby authorized and required, improve-
by., themfelves, their Deputies, Agents, Servants, Officers; Workmen, mentsareto
or Affiftants, at their own proper Cofts and Charges, to, fet out and bemadCk
make, and from Time to Time, and at all Times hereafter to repair,
amend, improve, and keep in Repair* convenient Towing Paths, or
Roads and Ways for drawing or haling with Horfes or other J}eafts any
Boats,
Barges, or other Veffds uling the Navigation of the faid River
Severn, between the Termination of the prefent Horfe Towing Path at
or near Bewdky
Bridge
aforefaid, and the deep Water at Digits below
JVorcefter
; and alfo to dig, take, and carry away any Gravel, :Stone, or
other Materials, proper for making and keepingJn Repair the Towing
Path and Roads hereby authorized to be made in and from any Part or
Parts of the faid River ; doing thereby no Injury or Prejudice to any
Ford or Fording Place now ufed for the Paflage of Horfes or Carriages
through the faid River, and alfo to remove and take down all Gates, Rails,
Stiles,
Trees, Hedges, Bufhes, Willows, Impediments, or other Ob*
ftruftions, upon any Lands or Grounds adjoining to the Banks of the
faid River within the Limits aforefaid, which may anyways hinder or
obftruit the haling of Veflels by Horfes or other Beads* as the faid Com-
pany (hall judge neceflary for effecting the Purppfes of this A&, and to
build, ere, and. fet up fuch new and other Gates, Rails, Wickets,
Dropftiles, and Fences in or as near as conveniently may be to the fame
Places from whence the old ones fhrfll be taken away or removed, to be
opened on all Occafions for the free Paflage of Horfes and other Beafts
haling Veflels as.aforefaid, or returning'along the faid Roads (but fubje£t
neverthelefs to the Reftri&ions herein-after mentioned); and alfo to ereft
and build Tofr Houfes, Stables, and other Conveniencies for the life
and

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