Richard Ellison estate: enabling grant of leases of the Fossdyke Navigation Act 1845

JurisdictionUK Non-devolved
Citation1845 c. 18
ANNO OCTAVO & NONO
VICTORLE REGINiE
******************************************************
Cap.
18.
An Act for enabling Richard Ellison Esquire and
his Trustees to grant Leases of the Fossdyke
Navigation in the County of Lincoln; and for
other Purposes. [4th August 1845.]
HEREAS by an Act of Parliament passed in the Session
of Parliament holden in the Twenty-second and Twenty-
third Years of the Reign of His late Majesty King Charles
the Second, intituled An Act for improveing the Navigacon betweene 22&S
the Towne of Boston and the River Trent, it was enacted, that the c-25.
Mayor, SherrifFs,.Cittizens, and Comonalty of the Citty of Lincolne,
and their Successors, in case they should within Two Yeares under-
take the same, or upon their Neglect, or upon their Refusall under
their Comon Seale, such other Person or Persons as the Commis-
sioners in and by that Act appointed, or any Seaven or more of them,
by Instrument under their Hands and Seales should for that Purpose
nominate and appoint, and would undertake the same, should have
full Power themselves, their Deputies, Agents, and Officers, and they
were thereby authorized, to make navigable and passable with Keeles,
Lyters, or other Boats, the Rivers or auntient Channells of Witham
and Ffossedike, or either of them, or any Part of them, by such legal 1
Waies, Acts, and Meanes as would be necessary for that Worke, and
IP 6/ as
482 8° & 9° VICTORLE, CapAS.
i
as thereafter were directed; and for the Purposes therein expressed
it.was enacted, that the Lord Bishopp of Lincolne for the Tyme
being, Sr John Monson Knight of the Barr and Barronett, Sr Edward
Lake Bar*, Sr Thomas Meeres, John Wilson, George Nevile, and
Francis Manby, Esqre% the Deane.and Chancellor of the Cathedralf
Church of Lincolne, the Maior and Three senior Aldermen of the
Citty of Lincolne for the Tyme being, and certain other Persons
therein named, should be and were thereby constituted and made
Commissioners for carrying the said Act into execution, as therein
expressed; and it was thereby enacted, that, for the better enabling
of the said Undertakers respectively, and their respective'Heires,
Executors, Adminrs, Successors, and Assignes to defray the Charges
of makeing their respective Rivers navigable, it should and might be
lawfull for them and every of them from Tyme to Tyme to demand,.
receive, and take such reasonable Rates or Toll for the Carriage of
Pit Coles, Sea Coles, Lead, Come, Timber, or other Carriages or
Things whatsoever by any Boat or Vessel! to be respectively carryed
and conveyed in the said Rivers or Channells, or any Pte of them, as
by the said Comrs, or any Seaven or more of them, should by an
Instrument indented under their Hands and Seales be in that Behalfe
assessed, limitted, and appointed, whereof one Parte should remaine
with the said respective Undertakers, and the other Parte with such
Pson or Psons as the said Comm°rs by whom the same should be sub-
scribed and sealed should appoint; and it was thereby enacted, that,
for supplying the Number of the said Comrs in case of Death, the
surviveing Comrs, or any Six or more of them, should from Tyme to
Tyme in manner therein expressed nominate and appoint some other
Pson or Psons residing and having such Estate as therein expressed, in
the Place and Stead of him or them soe dyeing, which said new Comr
or Commissioners soe nominated should from thenceforth have like.
Power and Authority in all things relateing to the said Navigacon,
or the Matters of that Act, as those Commissiors who were expressly
named in that Act; and for the better enabling them to raise present
Monies wherewith to defray the Charge of makeing the said Rivers or
Channells, or either of them, navigable, it was thereby enacted, that
the said respective Undertakers* and their several and respective
Heires, Executors, Admors, Successors, and Assignes should be and
were thereby enabled to engage the Profitts ariseing of and from the
said Navigacon or any Parte
thereof,
by vertue of that Act, as a
Security for Money by them to be borrowed and taken up for that
Purpose, and by One Indenture in that Behalfe to be made to grant
and assigne the same, or any Parte or Porcon
thereof,
to any Pson or
Psons that should or would upon Security thereof advance any Sume
or Sumes of Money, which should and might by virtue of that Act
have,
take, and enjoy the same according to the Tenor and Effect of
such Assignem*, as fully and amply as such Undertakers could have
done by vertue
thereof,
saveing Rights of Piscary as therein expressed;
and it was thereby enacted, that any Person or Persons who should
undertake the said Navigacon by vertue of that Act might, if hee or
they thought fit, take in any other Pson or Psons to joine with him
or them therein, who alsoe should and might enjoy the Powers and
Privileges of that Act as amply as any other Undertaker might have
done, soe as every such new Undertaker or Undertakers were con-
G
stituted
8d & 9° VICTORIA, CapAS. 483
stituted and appointed thereunto by the said Com", or any Seaven or
more of them, by Writing under their Hands and Seales; and it was
thereby provided and enacted, that noe Rates or Toll taken by vertue
of that Act upon any Part of the said Navigation betwixt the said
Citty of Lincolne and the said Port of Boston should be expended in
makeing the said Channell of Fossdyke more pasable or navigable, nor
any Rate or Toll taken upon any Part of Fosdyke aforesaid should be
employed for makeing the River Witham more navigable, unlesse by
the Direction and Appointment of the maior Part of all the said
-Commissioners___by___an Instrument under their Ijand_and Seales for
the Benefit of the said whole Navigation : And whereas by a Deed~Deed Poll,
Poll, bearing Date on or about the Fourth Day of October One thou-
*late5*
sand six hundred and seventy-one, under the Common Seal of the 16^]# ct'
Mayor, Sheriffs, Citizens, and Commonalty of the City of Lincoln,
by vertue of the Power to them given in and by the said recited Act
of Parliament, the said Maior, SherrifFs, Cittizens, and Conialtie did
declare ymselves to be Undertakers of that Parte of the said Navi-
gation which^lay or ran betweene the Bridge commonly called " rpu^
High Bridge " in the said Citty and the said River of Tre\
that they should and would make navigable that Parte of the said
Rivers or antient Channells of Witham and Fossedyke that ran
betwixt the said River of Trent and the said Bridge: And whereas Indenture,
The
ent and
by another Indenture, bearing Date on or about the Tenth Day of f^^0
October One thousand six hundred and seventy-one, and made or
16YI.
expressed to be made between the said Sr Edward Lake, Sr John
Monson, and Sr Thomas Meres Michaell Honeywood, Dean of the
Nevile
Henry M01
Three senior Aldermen of the said Citty of Lincoln therein respec-
tively described as Persons constituted and made Commissioners,
amongst others, in and by the said recited Act of Parliament, Reason
Mdlish Esqre, therein described as a Person appointed a Commissioner
under the Hands and Seals of Six Comrs, as the said Act directed, in
the Room of the said John Wilson, named a Commissioner in the
said 4_ct' and then since deceased, of the one Part, and the said
Maior, Sherifs, Citizens, and Commonalty of the other Part, the same
Ten Commissioners, by virtue of the Power to them given in and by
the said recited Act of Parliament as aforesaid, and in pursuance
thereof,
did assess, limit, and appoint that the said Maior, Sherriffs,
Cittizens, and Commonalty, their Successors and Assigns, should and
might from Tyme to Tyme, and at all Tymes, from and after they
should have made it appeare to Six or more of the Commissioners
nominated in the said Act, or otherwise authorized by the said Act
to exercise the same, that they had expended the Sum of Three
hundred Pounds at the least in and upon the said Work of Navigation,
demand, receive, and take for the Carriage of Pitt Coals, Sea Coals,
Lead, Corn, Timber or other Carriages or Things whatsoever, by any
Boat or Vessel to be respectively carried and conveyed in the said
River or Channell of Fosdyke, and that Part of the said River Witham
that came or lay within the then present Undertaking, after the several
Rates and Tolls and in such Manner as was thereafter in those Pre-
sents expressed: And whereas by a Deed Poll, bearing Date on or Deed Foil,
about the First Day of October One thousand six hundred and seventy- dated
two lst
Oct.
1672.

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