Stafford Canal. Act 1775
| Jurisdiction | UK Non-devolved |
| Citation | 1775 c. 16 |
| Year | 1775 |
(15 Geo. 3) C A P. XVI.
'WHEREAS SirNigel Gresley Baronet, and Niger Bowyer Gresley Esquire, Son, and Heir-apparent of the said SirNigel Gresley , are Proprietors of several considerable Mines, Rows, and Veins of Coal, situate within the Manor of Apedale , in the County of Stafford : And whereas the making a navigable Cut or Canal from the said Coal Mines to Newcastle under Lyme , in the said County, will be of particular Advantage to the Inhabitants of the said Town and Parts adjacent, and of publick Utility: And whereas the said SirNigel Gresley and Nigel Bowyer Gresley are the Proprietors of a considerable Part of the Lands through which the said Cut or Canal is proposed to be made, and are willing and desirous, at their own Expence, to make and maintain such Cut or Canal;' may it therefore please 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 Authorityof the same, That it shall and may be lawful to and for the said SirNigel Gresley , and Nigel Bowyer Gresley , their Heirs and Assigns, and they are hereby authorised and impowered, from and after the passing of this Act, at their own Costs and Charges, to make, maintain, and support, a navigable Cut or Canal, for Boats, Barges, and other Vessels, from the said Coal Mines of them the said Sir Nigel Gresley , and Nigel Bowyer Gresley , situate in Apedale aforesaid, by Chesterton and Holditch , to Newcastle under Lyme aforesaid, and to supply the said Cut or Canal whilst the same shall be making, and when made, with Water from the said Coal Mines, and from such Springs as shall be found in making the same, and also from such Brooks, Streams, and Watercourses, as shall or may communicate with the said Cutor Canal, or be found within the Distance of one thousand Yards of any Part thereof; and for that Purpose the said SirNigel Gresley , and Nigel Bowyer Gresley , their Heirs and Assigns, and their Agents, Servants, Workmen and Labourers, are hereby authorised and impowered, in, upon, and through the Lands and Grounds of or belonging to the King's Majesty, his Heirs or Successors, or of any other Person or Persons, Bodies Politick, Corporate, or Collegiate whatsoever (not being at this Time Ground whereon a Dwelling-house or Outhouse stands, or a Garden, Yard, Park, Paddock, planted Walk or Avenue to a House, Lawn inclosed or adjoining to a Mansion-house), to enter, and to dig, cut, trench, sough, and remove Earth, Stone, Rubbish, Trees, Roots of Trees, Beds of Gravel or Sand, and all other Matters and Things which may be dug or got in the making thereof, or which may hinder, prevent, or obstruct the making, using, completing, and repairing the said Cut or Canal, and Towing-paths on the Sides thereof, and for making, using, maintaining, and repairing of such Trenches, Passages, Gutters, and Watercourses respectively, as shall be necessary and proper to convey such Water as aforesaid to and from the said Cut or Canal; and for the raising, strengthening, and supporting, the Banks of such Cut or Canal, and Towing-paths, and such Trenches, Passages, Gutters, and Watercourses respectively; and for the making of Weirs and convenient Places for discharging the Water from the said Cut or Canal, and for the making of such Back Drains, Gutters, or Trenches, as shall be necessary or proper to prevent any Damage to the Lands or Grounds adjoining or lying near the said Cut or Canal, by the ouzing or flowing of Water from or out of the same; and for the making, maintaining, enlarging, opening, or altering, any Roads, Ways, Passages, Trenches, Sluices, or other Conveniencies, to or from the said Cut or Canal; and also to make, build, or set up, in or upon the said Cutor Canal, or the Lands adjoining or near the same, such and so many Bridges, Tunnels, Aqueducts, Sluices, Locks, Weirs, Pens for Water, Stanks, Reservoirs, Drains, Wharfs, Quays, Landing-places, Weigh-beams, Cranes, and other Works, Ways, Roads, and Conveniencies, as and where they the said SirNigel Gresley and Nigel Bowyer Gresley , their Heirs and Assigns, shall think requisite and convenient for the Purposes of the said Navigation; and also, from Time to Time, to alter, repair, and amend the same, and to make, widen, or enlarge any Bridges, Ways, Roads, Passages, Cuts, Locks, Tunnels, Aqueducts, Trenches, Sluices, or other Conveniencies, as well for the carrying and conveying Goods, Commodities, and other Things, to or from the said Cut or Canal, or Navigation, as for the carrying and conveying of all Manner of Materials necessary for the making, erecting, finishing, altering, repairing, or amending, the said Works of and belonging to the said Navigation; and also to place, lay, work, and manufacture, the said Materials on the Grounds near to the Place or Places where the said Works, or any of them, shall or are intended to be made, erected, repaired, or done; and also to make, maintain, repair, and alter any Fences or Passages, over, under, or through the said Cut or Canal, or the Tunnels, Aqueducts, Soughs, Trenches, Passages, Gutters, Watercourses, and Sluicesrespectively, which shall communicate therewith; and also to make, set up, and appoint such Towing-paths, Banks, Roads, and Ways, convenient for towing, haling, or drawing of Boats, Barges, or other Vessels, passing in, through, or upon the said Cut or Canal, as they the said SirNigel Gresley and Nigel Bowyer Gresley , their Heirs and Assigns, shall think convenient; and also to dig, take, and carry away Soil, Clay, Gravel, or Stone, proper, requisite, and convenient for carrying on and maintaining the said Works and Undertakings, in or from any Grounds of any Person or Persons adjoining or lying contiguous thereto (not being a House, Garden, Park, Paddock, planted Walk or Avenue to a House, or Lawn inclosed or adjoining to a Mansion-house), and to construct, erect, and keep in Repair, any Piers, Arches, and other Works, in, upon, and across any Rivers or Brooks, for the making, using, maintaining, and repairing, the said Cut or Canal, and Towing-paths on the Sides thereof; and also to construct, erect, make, and do all other Matters and Things which they shall think necessary and convenient for the making, effecting, extending, preserving, improving, completing, and using the said Navigation, in pursuance and within the true Meaning of this Act; they the said SirNigel Gresley , and Nigel Bowyer Gresley , their Heirs and Assigns, doing as little Damage as may be in the Premises, and making Satisfaction, in Manner herein after mentioned, to the Owners or Proprietors of, or Persons interested in, such Lands, Tenements, or Hereditaments, Waters, Watercourses, Brooks, or Rivers respectively, as shall be taken and removed, diverted or prejudiced, for all Damages to be by them sustained in or by the Execution of all or any of the Powers of this Act; and this Act shall be sufficient to indemnify the said Sir Nigel Gresley and Nigel Bowyer Gresley , their Heirs and Assigns, and their Servants, Agents, and Workmen, and all other Persons whatsoever, for what they or any of them shall do by virtue of the Powers hereby granted.
II Lands may be entered for making Surveys.
II. And be it further enacted by the Authority aforesaid, That it shall and may be lawful to and for the Agents and Servants of the said SirNigel Gresley and Nigel Bowyer Gresley , their Heirs and Assigns, from Time to Time, and at all Times hereafter, to enter upon the Lands or Grounds of the said several Persons, Bodies Politick, Corporate or Collegiate, through which the said Cut or Canal, and other Works hereby authorised, are intended to be made, in order to survey and take a Level of the same, and to set out and ascertain such Parts thereof as they shall think necessary or proper for the making such Cut or Canal, and other the Matters and Conveniencies aforesaid, such Agents or Servants making Satisfaction for the Damage they shall do thereby to the Occupiers of such Lands or Grounds for the Time being, in case the same exceeds the Sum of one Shilling.
III Breadths of the Canal and Towing-paths.
III. Provided always, and be it enacted by the Authority aforesaid, That the Lands or Grounds to be taken or used for such Cut or Canal, and Towing-paths, and the Ditches, Drains, and Fences, to separate such Towing-paths from the adjoining Lands, shall not exceed twenty-six Yards in Breadth; except in such Places where the said Cut or Canal shall be raised higher, or cut more than five Feet deeper, than the Surface of the Land, and in such Places where it shall be judged necessary for Boats and other Vessels to turn, lie, or pass each other, or where any Crane may be erected, nor above sixty Yards in Breadth in any of the said respective Places, any Thing in this Act contained to the contrary notwithstanding.
IV Bodies Politicks &c. impowered to sell and convey Lands.
IV. And be it further enacted by the Authority aforesaid, That after any such Parts of the said Lands and Grounds shall be set out and ascertained as aforesaid, for making the said Cut or Canal, and other Purposes and Conveniencies herein before mentioned, it shall and may be lawful for all Bodies Politick, Corporate or Collegiate, Corporations Aggregate or Sole, Husbands, Guardians, Trustees, Feoffees in Trust, Committees, Executors, and Administrators, and all other Trustees whatsoever, not only for and on Behalf of themselves, their...
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