River Dee, Chester Act 1698
1698 CHAPTER 24 11 Will 3
An Act to enable the Mayor and Citizens of the City of Chester to recover and preserve the Navigation upon the River Dee.

Reasons for passing this Act
Rates to be paid to the City of Chester for Goods brought from 25th April 1700, for 21 Years; The said Rates to be paid by the Persons herein mentioned.Whereas the River Dee was heretofore navigable for Shipps and Vessells of considerable Burden from the
Sea to the City of Chester but by Neglect of the said River and for want of sufficient Banks Works and
Fences on the Sides thereof against the Flux and Reflux of the Sea especially betweene the new Tower of the said
City and a certaine Point of Land in the County of Chester about One Mile distant from the said Tower commonly
called Blacon-Point the Channell of the said River is become soe various and uncertaine that by Sands and otherwise
the Navigation to the said City is almost lost and destroyed And if the said River were reduced and preserved
within reasonable Bounds the same would by Navigation thereupon be of great Benefitt to the Publick by breeding
up of Seamen and by Incouragement and Increase of Trade And whereas the Citizens of the said City are willing
and desirous that for recovering and preserveing the said Navigation certaine Duties should be laid upon such Coales
and Lime and Limestone as shall be brought to and unloaded within the Liberties of the said City May it please
Your Majesty that it may be enacted and be it enacted by the Kings most Excellent Majesty by and with the
Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled
and by the Authority of the same That from and after the Five and twentieth Day of Aprill which shall be in
the Yeare of our Lord One thousand seaven hundred and for and during the Terme of One and twenty Yeares
thence next ensueing and no longer there shall be paid to the Mayor and Citizens of the said City for and towards
the defraying the Charges of recovering and preserving the said Navigation For every Barrell of Coales and Lime
or Limestone each Barrell containing Ten score Pound Weight which shall be brought to the said City of Chester
either by Land or by Water-Carriage and unloaded within the Liberties of the said City (and soe proportionably
for every greater or lesser Quantity of Coals and Lime or Limestone) such Summ or Summs of Money not
exceeding Three Halfe Pence for every such Barrell of Coales and Two Pence for every such Barrell of Lime or
Limestone as the Mayor Aldermen and Common Councill of the said City in Common Councill assembled shall
from Time to Time order and appoint which Duties and Summs of Money soe ordered and appointed to be
paid as aforesaid shall be paid immediately upon bringing and unloading the same Coales and Lime or Limestone
within the Liberties of the said City by the respective Person and Persons hereafter mentioned (that is to say)
the Duties upon all Coals Lime and Limestone which shall be brought by Water shall be paid upon unlading
the same within the Liberties of the said City by the Master or Owner of such Boat or Vessell in or by which
such Coales Lime or Limestone shall be soe brought And the said Duties upon all Coales Lime and Limestone
which shall be brought by Land and unloaded within the Liberties of the said City (and not exposed to sale)
shall be paid upon bringing and unloading the same by such Person and Persons who shall bring or unload the
same And the said Duties upon all Coales Lime and Limestone which shall be brought by Land and exposed
to sale and sold within the Liberties of the said City shall be immediately paid by such Person and Persons
only who shall buy the same without makeing any Defalcation from the Seller or Sellers thereof according to
the Markett Price.

II. 
The Corporation to appoint Collectors.; Collectors to pay Monies received to the City Treasurer.
And to the Intent that the said Duties and Summs of Money to be paid as aforesaid may be duely collected
and levied to the Use and Purpose aforesaid Be it further enacted by the Authority aforesaid That it shall and
may be lawfull to and for the said Mayor Aldermen and Common Councill in Common Councill assembled from
Time to Time and at all Times during the said Terme of One and twenty Yeares to nominate and choose such
Person or Persons to be Collector or Collectors Receiver or Receivers of every such Summ and Summs of Money
as shall be ordered and appointed to be paid as aforesaid as they shall thinke fitt All which Summs of Money
the said Collector and Collectors Receiver and Receivers shall from Time to Time pay or cause to be paid into
the Hands of the Treasurers of the same City for the Time being or into the Hands of such other Person or
Persons as the said Mayor Aldermen and Common Councill in Common Councill assembled shall direct and appoint
for the Intent and Purpose aforesaid and for no other Use Intent or Purpose whatsoever.
Regulations for selling Coals, Lime and Limestone Brought in for Sale.
III. 
Buying or removing same before Duty paid,; Penalty; Application thereof.
And for the easier Collection and Payment of the said Duty on Coales Lime and Limestone Be it enacted
by the Authority aforesaid That all Coale Lime and Limestone brought to the said City for sale within the said
City or the Liberties thereof by Carts Horses or other Land Carriage shall be brought to some such publickly
convenient Place or Places within the said City as the Mayor Aldermen and Common Councill of the said City
in Common Councill assembled shall from Time to Time order and appoint for that Purpose to be publickly
exposed to sale And in case any Person or Persons liable to pay the said Duty shall without Payment of the
same first truely made to the Collector or Officer appointed to receive the said Duty or Agreement made for that
Purpose buy remove and carry away any Coale Lime or Limestone in from or out of other Place or Places within
the Liberties of the said City than such publick Place or Places to be soe appointed he she or they soe buying
removeing and carrying away such Coale Lime or Limestone shall forfeite the Value of the said Coal Lime and
Limestone soe bought removed and carried away to be levied by Distresse and Sale of the Goods of such Person
or Persons in such Manner as in this Act is expressed for Recovery of the said Duty one Moiety whereof shall
be to the Informer and the other Moiety thereof shall be applyed to and for the Recovery and Preservation of
the said Navigation.
If Duties not paid,
IV. 
Collectors may distrain the Goods, and also the Boats, Carriages, &c.; and if Duty not paid within Ten Days, Collector may sell Distress.
And be it further enacted by the Authority aforesaid That in case the said Duties and Summ or Summs of
Money soe ordered and appointed to be paid as aforesaid shall not be duely paid according to the true Intent and
Meaneing of this Act that then and soe often it shall and may be lawfull to and for the said Collector and
Collectors Receiver and Receivers and every or any of them to take stop and distraine the Boats or Vessells on
or by which the said Coals and Lime or Limestone shall be soe brought as aforesaid and all Tackle Apparell
and Furniture belonging to any such Boat or Vessell or any Part thereof and alsoe the Carts Carriages or Beasts
of Burden on or by which any Coale Lime or Limestone not designed for sale shall be brought and all Coale
Lime and Limestone soe brought in for sale after the sale and unloading thereof in the Hands only of the Buyer
or Buyers thereof and the same to detaine and keepe untill he or they be satisfied and paid the said Duties and
Summs of Money and every of them And in case of Neglect or Delay of or in the Payment of the said Duties
or Summ or Summs of Money or any of them for Ten Daies after any Distresse or Distresses soe taken as aforesaid
that then it shall and may be lawfull to and for the said Collector and Collectors Receiver and Receivers
and every or any of them to sell the said Distresse and Distresses soe taken and therewith to satisfie him or
themselves aswell of and for the said Duty soe neglected and delayed to be paid and for which such Distresse
shall be taken as aforesaid as alsoe for his and their reasonable Charge in the takeing and keeping such Distresse
rendring the Overplus (if any be) to the Owner
Corporation may choose and displace Officers,
V. 
and are to take Security for executing Office Allowance to Collectors.
And be it enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Mayor
Aldermen and Common Councill in Common Councill assembled from time to time and as often as they shall
think fitt during the said Terme of One and twenty Yeares to nominate choose putt in place displace or remove
Collector Receiver Officer Overseer Workman or Labourer that shall be employed in any Worke or Imployment
for recovering and preserving the Navigation upon the said River and to take reasonable Security in the Name of
the said Mayor and Citizens from every such Collector Receiver or other Officer for the true and faithfull executing
his or their Office in and about the Premisses according to the true Intent and Meaneing of this Act And the said
Collector and Collectors Receiver and Receivers to be nominated and chosen as aforesaid shall from Time to
Time be allowed for their Paines in executing the said Office out of their respective Receipts soe much as the
said Mayor Aldermen and Common Councill in Common-Councill assembled shall think fitt not exceeding One
Shilling in the Pound.
Application of Monies received by virtue of this Act.
VI. 
Accounts of Collectors to be inspected by Corporation, to whom Collectors are to account.
And to the Intent that after such Allowances made all and every Summ and Summs of Money which shall be
collected levied or received by vertue of this Act may be imployed for and towards the recovering and preserving
the Navigation upon the said River Be it further enacted by the Authority aforesaid That it shall and may be
lawfull to and for the said Mayor Aldermen and Common Councill in Common-Councill assembled and they are
hereby required from time to time to dispose of order and direct Payment of all and every Summ and Summs
of Money ariseing by this Act for Materialls Workmens Wages or otherwise in such Manner and by such Proportions
as they the said Mayor Aldermen and Common Councill shall think most expedient for and towards the recovering
and preserving the Navigation upon the said River and alsoe to inspect and take Accounts of the Collections
Receipts and Disbursements of all such Moneys as shall be collected and levied by virtue of this Act and to call
before them the Collectors Receivers and others who shall be intrusted with the Collection Receipt or any Imployment
of the Moneys to be collected and received by vertue of this Act who are hereby required to render them a true
Account thereof
Corporation may agree with Surveyors, &c. for the Erection of necessary Works; and pay for the same.
VII. 
Provided alwaies and it is further enacted That it shall and may be lawfull to and for the said Mayor Aldermen
and Common Councill in Common Councill assembled to contract and agree with any skilfull Person or Persons
for erecting making and accomplishing any Work or Works which they shall conceive necessary for the Purposes
aforesaid soe as good and sufficient Caution or Security be given for the true Performance of the said Contract
And upon Performance of such Contracts and Agreements that then the Summ or Summs of Money contracted for
shall be paid by the Receiver or Receivers out of the Duties and Summs of Money ariseing by this Act to such
Person or Persons as the said Mayor Aldermen and Common Councill in Common Councill assembled shall order
and appoint
Account of Receipts and Payments to be kept by Corporation.
VIII. 
And be it further enacted by the Authority aforesaid That a true and perfect Account of all Collections Receipts
and Disbursements by virtue of this Act for making and maintaining the said River navigable or any thing relating
thereunto shall from time to time be duely kept and entred in a Booke or Books to be provided and kept by
the said Mayor and Citizens for that Purpose
Corporation to appoint Seven Commissioners for executing this Act;
IX. 
who are to meet Quarterly or oftener; Accounts to be produced. Commissioners to summon Collectors and others, and examine upon Oath and inspect and correct or allow Accounts; and sign and seal Duplicates thereof, to be kept amongst the Records of Sessions; Collectors found in Arrear, or refusing to account, Proceedings; Corporation to answer Monies paid to Collectors.
And for the more easie Dispatch of Businesse in carefully examineing stating and correcting the said Accounts
Be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Mayor
Aldermen and Common Councill in Common Councill assembled and they are hereby required from time to
time yearely or oftner if they shall thinke fitt to appoint Seaven or more discreete and fitt Persons whereof
the Mayor and Two of the Justices of the Peace of the said City for the Time being shall be Three of them
to be Commissioners for putting in Execution such Powers and Authorities as are hereby given them and for that
Purpose to meet together once in every Three Months or oftner if need be in the Inner Pentice of the said City
at such convenient Time and Times as the said Mayor Aldermen and Common Councill in Common Councill
assembled shall appoint for that Purpose or if no certaine Time be soe appointed then at such Time and Times
as the said Commissioners or the greater Number of them shall thinke fitt And at every such Meeting the said
Books and Accounts with the Vouchers for the same shall be produced And the said Commissioners or any Five
of them whereof the said Mayor or one of the said Justices shall be one shall and have hereby power to summon
before them the said Collectors and Receivers or any other Person or Persons interested or not interested and to
examine them upon Oath (which Oath the said Mayor or one of the said Justices have or hath hereby Power
to administer) touching the Truth of any Matter contained in or omitted in the said Books or Accounts touching
any Receipts or Disbursements received or made by virtue of this Act And upon Examination and due Proofe
thereof the said Commissioners present at such Meeting or the greater Number of them shall and may state correct
and allow the said Accounts under their Hands and Seales and shall likewise signe and seale a Duplicate of such
Accounts soe stated and allowed which shall be transmitted and kept among the Records of the Sessions of the
Peace for the said City of Chester by the Clerke of the Peace for the Time being of the said City And in
case the said Collector or Collectors Receiver or Receivers or any of them shall be found in arreare or refuse to
render such Account that then the said Commissioners present at such Meeting or the greater Number of them
shall and may by Warrant under their Hands and Seales levy by Distresse and Sale of the Goods and Chattells
of such Person or Persons soe refusing to account and who shall be charged with Moneys in his or their Hands
or in arreares as aforesaid such Summ and Summs of Money as he or they shall be soe charged with rendring
the Overplus and for want of such Distresse by like Warrant to committ such Person or Persons to the Common
Goale of the said City untill such Time as he or they shall account and pay or secure to be paid such Summ
or Summs of Money as he or they shall be respectively charged with and that the Mayor and Citizens of the
said City shall answer and make good such Moneys as shall be collected or levied and paid into the Hands of
any Collector or Collectors Receiver or Receivers by them nominated as aforesaid
Corporation to make and keep the said River navigable, as herein mentioned;
X. 
may dig for Soil, &c. upon Grounds herein mentioned; making Recompence to the Owners; If any Dispute in respect thereof, Two Justices may determine.
And for the better effecting the said Worke in recovering and preserving the said Navigation Be it further
enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Mayor and Citizens and
their Successors from time to time and at all times hereafter to make and keepe the said River navigable from the
Sea to the said City of Chester in such Manner that Shipps and Vessells of the Burden of One hundred Tuns and
upward full loaded may come and goe with Ease and Safety to and from the said New Tower of the said City and
to that End to alter direct and make the Channell of the said River or cause the same to be altered directed and
made to run in and through such Part of the Land hereinafter bounded lying on the South Side of a Line to be
drawne in Manner hereafter mentioned as the said Mayor Aldermen and Common Councill in Common Councill
assembled shall thinke fitt which Line shall be drawne and extended from the Side of the said River or Place
where the said River now runneth at One hundred eighty three Yards Distance from the Stone called the Starting
Stone within the County of the said City bearing from the said Starting Stone Seaventy five Degrees Westward
from the South directly to that Point of Land in the County of Chester which lyeth at One hundred Yards Distance
from Blacon-Point Southeast from the said Blacon-Point and to make and sett up such and soe many Works and
Fences in and upon and alsoe mark and sett out Waies or Passages through the Sands and Soile on each Side of
the River for securing maintaining preserving and continueing the Channell of the said. River in such Course as
aforesaid within reasonable Bounds from the said New Tower to the said Point of Land lying at the Distance
aforesaid from Blacon-Point and from thence downe to another Point of Land in the said County of Chester called
Burton-Head where the said River now runneth as to them shall seeme convenient for rendring and keeping the
said River navigable for such Shipps and Vessells as aforesaid soe as the Bounds of the Banks Fences Waies or
Passages soe to be sett used laid out or made on the North Side of the said Line exceed not Sixty Yards Breadth
from the said Line and alsoe to digg gett and carry away Clodds Earth Sand Soile Gravell and other Materialls in
upon or out of all or any convenient Parts or Places of the Grounds lying on the South Side of the said Line
betweene the said Line and the new intended River not built upon nor otherwise set apart soe farr as may be done
without stopping or hindring the Way or Passage to any Buildings to be erected thereon and in like Manner on
the North Side of the said Line for the makeing amending and repairing of the said Works and Fences on that
Side of the said River only and not otherwise yielding and makeing to the Lords Owners or Proprietors for the
time being of the Lands or Grounds where the said Clodds Earth Sand Soile Gravell or Materialls shall be gott or
digged on the North Side of the said Line a reasonable Recompence or Satisfaction for the same And in case any
Question shall arise or happen touching the Place of digging as aforesaid on the Northside of the said Line it
shall and may be lawfull to and for Two of the neighbouring Justices of the Peace of the said County of Chester
and they are hereby required to settle and determine the same
Commissioners named for executing the Powers herein after mentioned.
XI. 
The said Commissioners to meet and act at the Time and Place and in Manner herein mentioned
And be it further enacted by the Authority aforesaid That for the County of Flint Sir William Glynn Sir John
Conway Sir Roger Mostin Sir John Hanmere Baronetts Doctor Percivall John Floyd of Pentrehobin Thomas Mostin
Thomas Evans Thomas Eyton Thomas Cotton Roger Mostin Thomas Whittley Roger Penant Peter Penant Thomas
Penant George Hope Ellis Young John Wynn Kendrick Eyton Josiah Jones Thomas Floyd Thomas Hanmere of Fens
Thomas Hanmere of Batchfield Esquires Humphrey Jones William Cratchley Thomas Foulks George Williams Evan
Floyd William Minshull John Salisbury Gentlemen Robert Davis Roger Price Edward Morgan Richard Parrey
Thomas Carter Owen Barton William Rutter Esquires Thomas Floyd Thomas Foulks John Floyd Francis Edwards
Henry Floyd John Conway John Penant Baddeley Thomas Griffith Thomas Hanmere Gentlemen For the
County of Chester Sir Willoughby Aston Sir Robert Duckenfield Baronetts Sir Robert Cotton Knight and Baronett
Sir Henry Bunbury Baronett Sir John Crew Sir William Glegg Knights George Booth Thomas Brookes George
Cotton John Edgerton Peter Shakerley Roger Manwareing Charles Hurlston Thomas Lee Nathaniel Lee Thomas
Aldersey William Gamull of Craball Hockenhull of Hockenhull William Whitmore Thomas Glazier Thomas
Cowper Richard Minshull Esquires John Lytcott William Maxwell John Hodgekins Gentlemen And for the City
of Chester the Mayor the Recorder the Aldermen the Two Sheriffs and the Towne Clerke of the said City for the
Time being shall be and are hereby appointed Commissioners for putting in Execution the severall Powers and
Authorities hereafter mentioned And the said Commissioners or any Seaven or more of them shall and may upon
the Thirtieth Day of Aprill which shall be in the Yeare of our Lord One thousand seaven hundred meete at the
Exchange of the said City at Seaven of the Clock in the Forenoone of the same Day and thence proceed and
sett and marke out the Sands Soile and Ground of and next adjoyning to the said River on each Side thereof
from the said New Tower to the said Point of Land lying at the Distance aforesaid from Blacon-Point aforesaid (that is
to say) the Sands Soile and Ground not bearing Grasse of and next adjoyneing to the said River towards
Brewers-Hall and Saltney-Marsh begining at that Point of Land which lyeth opposite to the said New Tower
Westward from the said Tower and thence following the Side of the said River downe to the Meerstone next to
the said River which bounds the Liberties of the said City of Chester from the Liberties of the County of Flint on
Saltney-Marsh aforesaid and thence going from the said Meerstone Northwards directly crosse the said River at
Low-water Mark and thence following the said River on the Northside thereof at Low-water Mark to that Part
or Side of the said River which lyeth directly opposite to Blacon-Point aforesaid South-west by West from
the said Blacon-Point and no further and from thence to the aforesaid Point of Land distant One hundred
Yards from Blacon-Point South-east from the said Blacon-Point and from thence to the said Side of the River
or Place where the River now runneth at One hundred eighty three Yards Distance from the said Starting Stone
as aforesaid

XII. 
Certain Ground herein described, lying on the South Side of the new intended Channel, vested in the Corporation; who may inclose and improve the same, and receive the Rents and Profits, and apply the same for the Purposes of this Act.
And whereas the said Soile and Grounds soe to be marked out as aforesaid are not nor are like to be of any
Advantage unlesse the said River be bounded in and thereby made navigable by Works and Fences as aforesaid
which will require a very great Expence to repaire and maintaine the same from time to time as Occasion shall
require Be it further enacted by the Authority aforesaid That for the better enabling the said Mayor and Citizens
and their Successors for ever to carry on maintaine and repaire the said intended Works and Fences and to keepe
the said River navigable as aforesaid the said Sand Soile and Ground inclosed and incompassed by and within the
Bounds Marks and Limitts before described on the South-Side of the new intended Channell shall immediately from
and after such time as the said new River or Chanell shall be made navigable and passable with and for Shipps
and Vessells to and from the said City of Chester be and are hereby vested in the said Mayor and Citizens of
the said City of Chester and their Successors for ever And that it shall and may be lawfull to and for the said
Mayor and Citizens and their Successors for ever to defend inclose and improve the said Sands Soile and Grounds
soe bounded limitted and marked out as aforesaid and to receive and take the Profitts thereof to the Intent and
Purpose that they the said Mayor and Citizens and their Successors for ever shall apply and dispose of the Rents
and Profitts of the said Soile and Grounds when soe bounded limitted and marked out and defended and improved
as aforesaid for maintaining and repairing the said intended Works and Fences and for makeing erecting and doing
such further and other Works Fences and Things from time to time as Occasion shall require for makeing and
keeping the said River navigable as aforesaid
Seven Commissioners may set out Roads over the Grounds herein mentioned.
XIII. 
Provided neverthelesse That it shall and may be lawfull for the said Commissioners above named or any Seaven
of them at such their Meeting as aforesaid and afterwards from time to time as Occasion shall require to appoint
and sett out a convenient Road and publick High-way in One or more Place or Places over the Sands Soile and
Grounds on either Side of the said new intended Chanell within the Compasse and Limitts herein before directed to
be bounded and to be marked out as aforesaid Which Road and High-way shall be maintained and repaired from
time to time by the said Mayor and Citizens and their Successors for ever
Mayor, Recorder, and Justices, or the major Part, may survey the said River, &c.
XIV. 
And be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the Mayor
Recorder and Justices of the Peace of the said City for the time being or the greater Number of them whereof
the Mayor or Recorder to be one from time to time and at all times hereafter to survey the said River from the
said New Tower to the said Burton-Head and at their Discretion to remove all Impediments and Annoyances in
the same and by Indictment or other legall Processe to punish the Offenders therein
If Action brought for executing Act,
XV. 
General Issue may be pleaded.
And be it enacted by the Authority aforesaid That if any Action Bill Plaint or Suite be brought in any of
His Majesties Courts of Record against the said Mayor and Citizens or against any Person or Persons for or
concerning any Matter or thing by him them or any of them done advised allowed or commanded to be done by
virtue of this Act that it shall and may be lawfull to and for the said Mayor and Citizens and for every such
Person and Persons and for all that act in their Aid and Assistance or by their Commandment to plead
the Generall Issue and to give this Act or any Clause Matter or Thing herein contained in Evidence to the
Jury that shall try the same for their Justification without speciall Pleading of the same and shall thereupon
take Advantage of this Act as fully to all Intents and Purposes as if the same had been specially fully and
well pleaded
This Act expounded most beneficially for the said River and Navigation.
XVI. 
And be it enacted by the Authority aforesaid That this Act in case any Doubt shall arise about the Exposition
thereof shall be deemed construed and taken in such manner as shall be most beneficiall and advantagious for the
Purposes aforesaid in makeing the said River navigable and in preserving and continueing the Navigation thereof
for ever according to the true Intent and Meaneing of this Act
Proviso for Ann Offley, Widow, and the Lords of the Manor of Blacon, in respect of Enjoyment of Lands and Right of Fishing, as herein mentioned
XVII. 
Provided alwaies That nothing in this Act contained shall extend or be construed to extend to hinder or
restraine Ann Offley Widow or the Lords Owners or Proprietors of the Mannor or Lordshipp of Blacon within the
said County of Chester or of the Lands or Grounds adjoyneing on the North to the said River or her or their
Assignee or Assignees for the Time being from haveing useing or enjoying all such Lands Grounds and Marshes
as adjoyne to the said River and all Fisheries Rights Liberties and Priviledges not inconsistent with or that doe
not tend to hinder obstruct or disappoint the setting on foot and carrying on of the said Works untill the said
River shall be made navigable and passable with and for Shipps and Vessells to and from Chester aforesaid nor
from enjoying henceforth for ever all the Lands Grounds or Marshes scituate lying and being on the North Side
of the said intended and herein before described new River or Channell according to her or their respective Estate
Right or Interest therein in such manner and with such like Benefitt and Advantage as she or they could might
or ought to have done in case this Act had never been made nor from haveing useing or enjoying such Right
of Fishery in the said new Channell or River by Boats Angling drawing of Netts or otherwise (except by hanging
of Netts over or crosse the said River or by fixing Stakes or Posts in or upon the Banks of the said River to
the prejudice of the said Channell and hindrance of the Navigation) as she or they now can or lawfully may doe
in the said River in the present Current thereof Any thing in this Act contained to the contrary thereof in any
wise notwithstanding
And in respect of setting up Sluices, &c. for carrying off Water.
XVIII. 
Provided alsoe That it shall and may be lawfull to and for the said Ann Offley and the Lords Owners or
Proprietors of the said Lordship or Mannor of Blacon and of the Grounds or Marshes contiguous and adjacent to
the Banks of the said River for the Time being to make and sett up one or more Sluce or Sluces or other Engines
to carry off such Water as may flow or fall into the said Marshes or Grounds through or by the Banks of the
said River soe as she or they soe erecting or setting up the same or the Owner of the said Marsh or Grounds
upon reasonable Notice by the said Mayor and Citizens or some Officer appointed by them in writing to her or
them in that behalfe given doe and shall at her and their owne respective Costs and Charges well and sufficiently
secure repaire maintaine and defend the same Banks by the compasse and space of Fifteene Foot both above and
below the said Sluces or Engines
And for Satisfaction to the said Ann Offley for any Damage that may be done by the cutting through the Marsh, and otherwise, as herein mentioned.
XIX. 
Provided alsoe That in case the new intended Channell shall be cutt or made through the Marsh now bearing
Grasse within Four hundred and fifty Yards Southwards from that part of Blacon-hill which lyeth directly under
the House called Blacon-house then the said Mayor and Citizens and their Successors shall and are hereby made
lyable to make and pay to the said Ann Offley and the Lords Owners or Proprietors thereof for the Time being
such Satisfaction for the Damage thereby done to the Herbage thereof as shall be reasonable And in case the
Course and Channell of the said intended new River shall not be preserved within the Line before mentioned and
sett for the Bounds on the North Side thereof but that the Grounds on the North Side thereof shall by
the Channell wearing into them be wasted and damnified otherwise than by the Act Neglect or Default of the
said Ann Offley or the Lord Owner or Proprietor thereof for the Time being in not repairing securing and defending
such Sluces or Engines after such Notice as aforesaid then the said Ann Offley and the Lord Owner or Proprietor
of the said Lands for the Time being shall be recompenced for all such Damage by and out of the Product and
Profitts of the said Lands or Ground lying on the South side of the said Line soe limitted bounded and marked
out as aforesaid and the same are hereby subjected and made lyable to answer the same
If Disputes arise as to the Value of Soil dug, or otherwise, as herein mentioned,
XX. 
the Corporation and Persons complaining are to choose Arbitrators, as herein mentioned; Appeal from Arbitrators to Chief Justice of Chester, whose Order is to be final; Where Parties do not name Arbitrators, or the Arbitrators refuse to act; Chief Justice of Chester may determine summarily.
Provided alwaies and be it enacted by the Authority aforesaid That in case any Difficulty or Difference doe
happen or arise touching the Value of the Clodds Earth Sands Soile Gravell or Materialls that shall happen to be
gott or digged on the Northside of the Line for the Purpose aforesaid or Damage that shall happen either to
the Herbage of the said part of the said Marsh bearing Grasse by cutting the said Channell through the same
as aforesaid or to the Lands or Grounds lying on the Northside of the said Line by the Rivers not being preserved
within its Bounds as aforesaid to be sett and limitted by the said Line or the Recompence or Satisfaction that
shall or ought to be made for the same or the Manner or Method of bearing raiseing or Payment thereof It shall
and may be lawfull to and for the said Mayor and Citizens and their Successors by Act of Common Councill
and such Person and Persons soe injured and complaining as aforesaid to nominate and appoint Six Persons Three
on each side to be Commissioners or Arbitrators and to limmitt Time and Place for their Meeting to settle and
adjust the said Differences which Persons soe to be nominated and appointed or the major Number of them are
hereby impowered to ascertaine and sett downe in Writing under their Hands and Seales the Satisfaction to be
made and order and direct Time and Manner of raiseing and Payment thereof in the most effectuall and
speedy way And in case either Party shall find him her or themselves aggrieved by any Order or Determination
of the said Commissioners or Arbitrators he she or they may appeale to the Chiefe Justice of Chester for the
Time being at the next Sessions held for the said County of Chester who is hereby authorized and impowered
to heare and determine the same and whose Order therein shall be performed and submitted unto and be finall
and conclusive to both Parties And in case either Party shall neglect or refuse to nominate or appoint Commissioners
or Arbitrators to heare and determine the said Differences or in case the said Commissioners or Arbitrators shall
neglect or refuse to meete heare or make any Determination therein then it shall and may be lawfull for the
Person or Persons injured and complaining as aforesaid to summon the said Mayor and Citizens by leaving Notice
in Writing Eight Daies before the First Day of the Sessions of the said County of Chester with the Mayor of
the said City for the Time being containing the Cause of his or their Complaint and requireing him to appeare
before the Cheife Justice of Chester for the Time being at a certaine Day in the Time of the Sessions for the
said County of Chester who is hereby authorized and impowered in such Case summarily to heare and determine
the said Complaint and Order what he shall in his Discretion think fitt to be done therein And his Order in
the Premisses shall be performed and submitted unto and be finall and conclusive to all Parties
Proviso for Sir Will. Glynn and the Owners of Lands lying on the South Side of the River, in respect of Enjoyment of Lands and Right of Fishing, as herein mentioned.
XXI. 
Provided alwaies That nothing in this Act contained shall extend or be construed to extend to hinder or
restraine Sir William Glynn Baronett or any the Lords Owners or Proprietors of the Lands Grounds or Marshes
lying on the Southside of the Main Channell of the said River as the same now runneth their Heires or Assignes
from having useing takeing or enjoying for ever all such Lands Grounds and Marshes lying on the Southside of
the Main Channell of the said River as the same now runneth and all Rights Liberties and Priviledges therein
according to his and their respective Estate Right Title or Interest therein in such manner and with such like
Benefitt and Advantage therein as he or they could might or ought to have done in case this Act had never
been made nor shall any thing in this Act contained extend or be construed to extend to hinder or restraine
the said Sir William Glynn Baronett or any the Lords Owners or Proprietors of the Lands or Grounds on either
Side of the said River or his or their Heires or Assignes from having useing or enjoying such Right of Fishery
in the said new Channell or River by Boats angling drawing of Netts or otherwise (except by hanging of

Netts in over or crosse the said River or by fixing Stakes or Posts in or upon the Banks of the said River to
the prejudice of the said Channell and hindrance of the Navigation) as they or any of them now can or lawfully
may doe in the said River in the present Current thereof Any thing in this Act contained to the contrary thereof
in any wise notwithstanding
Proviso for compelling Corporation to furnish Two Ferry Boats, when the River is not fordable between Blacon Point and Burton Head.
XXII. 
Such Boats to be free; Corporation refusing, &c. to provide the same may be fined; Such Fine to be levied by Distress; Penalties how applied.
And be it further enacted by the Authority aforesaid That in case the Channell of the said River shall by the
said Navigation become soe deep as that at Low-Water when the Tide of Sea is out of and no Flood of Fresh
Water is in the said River the same shall not be fordable for Passengers on Horseback or for Carts or Carriages
in any Part of the said River betweene Blacon-Point and Burton-Head aforesaid that then the said Commissioners
for the Counties of Flint and Chester or any Seaven or more of them shall and may in such Case only and not
otherwise by Warrant or Order in Writing under their Hands and Seales and by and with the Licence and
Consent of the Owners of the Sands Land and Ground on both Sides of the said River testified by their sealing
and Execution of such Order or Warrant in Writing direct and appoint the said Mayor and Citizens and their
Successors within the Space of Three Months to erect and continue use and imploy at Low-Water when the Tide
of the Sea is out of and no Flood of Fresh Water is in the said River Two sufficient free Ferry Boats with all
Necessaries and Attendance proper thereunto for the Publick Use and Benefitt of all His Majesties Subjects to
passe and repasse without paying any thing for the same in such one convenient Place upon the said River
betweene the said Blacon-Point and Burton-Head as the said Commissioners soe directing and appointing and
Owners soe licensing and consenting as aforesaid shall think fitt to order and direct And in case of any willfull
Neglect or Default therein by the said Mayor and Citizens or their Successors during the Continuance of such
Order Licence and Consent the said Commissioners or any Seaven or more of them shall and may impose upon
the said Mayor and Citizens and their Successors such reasonable Penalties for the same as they in their Discretion
shall think fitt to be levied by Distresse and Sale of any Goods or Cattle to be taken in any of the Lands
belonging to the said City by a Warrant under the Hands and Seales of the said Commissioners or any Seaven
or more of them and Sale thereof in case of Non-Payment of the Penalties imposed within the Space of Tenn
Daies rendring the Overplus to the Owner thereof All which Penalties shall be applyed by the said Commissioners
or any Seaven or more of them to such Uses and Purposes and for the making and perfecting such Things in
Default whereof the same were imposed.