Aire and Calder Navigation Act 1698

II. Commissioners for executing this Act appointed; with Powers to mediate between Undertakers and Owners of Premises, and settle Satisfaction for Damages, Proportions of Purchase Monies, &c.

If Owners refuse, or are unable, by legal Disability, to agree, Commissioners to issue Warrant to Sheriff to impannel and return a Jury; Returning unqualified Persons, Penalty £5; and to return Issues upon Persons impannelled; Proviso for Challenge of Jury; Jury to inquire and assess Damage upon Oath; and Commissioners to give Judgment accordingly, and by Examinations on Oath, &c.; determine all Controversies touching the said Matters; Verdict and Decree of Commissioners, or any Seven of them, on Notice, as herein mentioned, to be binding as well on Infants, &c. as others; Decree, &c. to be under Hand and Seal, and kept amongst Records of Sessions for West Riding. Transcripts delivered to Clerk of the Peace for Leeds, and kept amongst Records of Sessions and received as Evidence; Upon Payment or Tender of Sum agreed or assessed, as herein mentioned, and on Refusal, then upon Payment to Clerk of Commissioners; Undertakers may proceed; No Commissioner, interested, to sit.

And for the better effecting the Premisses and due rating the Value of the things to be compounded for by the true intent of this Act if the Persons shall not agree Be it enacted by the Authority aforesaid That the Right Honourable Arthur Lord Viscount Irwin of the Kingdom of Scotland The Right Honourable Henry Lord Downe of the Kingdom of Ireland The Right Honourable Thomas Lord Fairfax of the Kingdom of Scotland The Right Honourable Sir Henry Goodrick Knight and Baronet one of His Majesties most Honourable Privy Councill The Right Honourable Peregrine Bertie Esquire His Majesties Vice-Chamberlaine The Honourable Philip Bertye and Albemarle Bertye younger Sons of the Earl of Lindsey The Honourable Sidney Wortley Mountague Esquire The Honourable Henry Boyle Esquire The Honourable Henry Fairfax Esquire Sir John Armitage Sir John Kay Sir John Bland Sir Bryan Stapleton Sir George Cooke Sir Godfrey Copley Sir Willoughby Hickman Sir Thomas Yarbrough Sir George Tempest Sir Rowland Wynn Sir William Ramsden Sir John Wentworth Sir Francis Burdett Sir John Thorold Sir William Robinson Sir John Bolles Baronets Sir Gervase Cutler Sir Edward Aiscough Sir Abstrupus Danby Sir William Lowther Knights The Honourable Charles Dimock Arthur Ingram Charles Osborne William Wentworth William Lowther Robert Moncton Robert Byerley Richard Beaumount of Whitley Francis Nevile Walter Calverley Bryan Thornhill Densill Onslow Englebert Leeds William Wombwell John Bright John Savill senior John Savill junior William Ellis senior William Ellis junior Henry Hitch Francis Nevile junior John Ramsden John Auby Robert Franke Robert Lowther of Ackworth Godfrey Copley Nicholas Fenny William Horton John Ferrars Christopher Adams Thomas Thornhill Thomas Fawkes senior Richard Ashton Vincent Grantham George Davenport John Stanhop of Melwood William Marwood George Whitchcott John Metcalfe Jonathan Jennings Ambrose Pudsey Christopher Stockdale John Ayslaby Tobias Harvey Edward Mondy and John Booth Esquires John Dyneley Robert Hitch Godfrey Lawson Richard Richardson Robert Long of Boston and William Long of Barton Gentlemen shall be and are hereby constituted and made Commissioners for putting this present Act in Execution and they or any Seaven of them are hereby impowered and authorized and shall have full Power and Authority to mediate betweene the said Undertakers their Heires and Assignes and the Owners or Occupiers of such Lands Tenements and Hereditaments Wears or Mills lying in or neare the said Rivers as shall be intended to be used for makeing the said Rivers or either of them Navigable or for the bringing in any other Streame Brooke or Watercourse into the same or who may or shall receive or sustaine any Losse or Damage thereby and settle and proportion what Satisfaction every such Persons Bodies Politick or Corporate shall have for or in respect of the Losse thereby to be by him her or them received or sustained and to settle and Proportion what Share and Proportion of such Purchase Money any Tenant or any other Person haveing a particular Estate Terme or Interest in any of the Premisses shall have or receive for his her or their respective Interest and if there shall be any Persons Bodies Politick or Corporate that shall wilfully refuse to deale or agree as aforesaid or through any disability by Nonage Coverture or Special Tayle or other Impediment cannot that in such Case the said Commissioners or any Seaven of them are hereby authorized to issue out a Warrant or Warrants to the Sheriff of the County of Yorke who is hereby required accordingly to impannell and returne before the said Commissioners or any Seaven of them a Jury of able and sufficient Men qualified according to the Laws and Statutes of this Realme to be returned for Tryalls of Issues joyned in His Majesties Courts at Westminster upon paine to forfeite for every Person being returned in any such Pannell that shall not be qualified as aforesaid the Sum of Five Pounds to His Majesty His Heires and Successors and shall likewise returne in Issues upon every Person soe impannelled and returned upon any such Warrant at the least Twenty Shillings which shall be duely estreated and levied to which Jury at the Returne of the said Precept and Appearance of the said Jury aswell the Parties as the said Undertakers their Heires or Assignes are to have their legall Challenges which Jury upon their Oaths to be administred by the said Commissioners (which Oath as alsoe Oaths to such Person or Persons as shall be examined before such Commissioners or any Seaven of them are hereby impowered to administer) shall inquire and assesse such Damages and Recompences as they shall [X1 ad] judge fit to be awarded to the Owners and Occupiers of any such Lands or Tenements Wears or Mills or any Part thereof as shall be used for or damnified by makeing the said Rivers Navigable for their respective Estates and Interests therein or such Losse or Damage as they may thereby sustaine and the said Commissioners or any Seaven of them shall give Judgment for such Sums soe to be assessed by such Juries and shall by Examination of Witnesses upon Oath and by all other lawfull Waiès and Meanes examine heare and determine all and all manner of Debates Controversies and Questions which shall happen and arise betweene any Persons whatsoever touching or concerning any Matter or thing relating to the aforesaid Premisses or any Part thereof which said Verdict Judgment and other Sentence Decree and Determination sett downe declared or pronounced by the said Commissioners or any Seaven of them and the Price and Recompence soe to be agreed and assessed (Notice in Writing being first given of their Meeting at least Twenty Daies before declaring the Time and Place of their Meeting to every Party concerned or to be left in Writing at the Dwelling House of such Party concerned or at their usuall Place of Abode or of some Tenant or Occupier of some Land or Tenement of such Party neare the said Rivers (in case such Party cannot otherwise be found out to be served with such Notice) shall be binding to all Intents and Purposes against the said Parties their Heires Executors Administrators or Assignes and all others claiming any Title or Interest in the said Lands or Tenements Wears or Mills or any thing thereunto belonging or appertaining in Possession Reversion Remainder or otherwise aswell Infants Feme Coverts as others and their respective Heires Executors and Administrators and all claiming by from or under him her or them or any of them which Orders Sentence and Decrees soe made shall be set downe in Writing under the Hands and Seales of the said Commissioners or any Seaven of them the same to be kept amongst the Records and Writings of the Sessions of the Peace for the West-Riding of the County of Yorke by the Clerke of the Peace for the time being of the said Riding Transcripts whereof shall be delivered to the Clerke of the Peace for the time being of the said Towne and Borough of Leeds to be by him kept upon Record amongst the Records of the Sessions of the Peace for the said Towne and Borough all which shall be taken adjudged and deemed good and sufficient Evidence and Proofe in any Court of Law or Equity whatsoever And that upon Payment of such Sum or Sums soe agreed on or assessed to the Parties concerned or Tender thereof made at his her or their Dwelling House and if they have no such Dwelling House then at the House of some Tenant or Occupier of some Land or Tenement of such Party and if upon such Tender as aforesaid they refuse or are not ready to receive the same. That then upon Payment of such Sum into the Hands of the Commissioners Clerke for the Use of such Persons it shall then and not before be lawfull to and for the said Undertakers their Heires and Assignes and their Workmen and Servants to dig and make or cause to be dug and made the said Rivers or either of them navigable or doe any such other Act in relation thereto for which any Agreement or Order shall be made as aforesaid and this Act shall be sufficient to indempnifie the said Commissioners and the said Undertakers and all Persons authorized by them against the said Owners or Occupiers their Heires Executors Administrators or Assignes as if the same had been sold by Deed Feofment Bargaine and Sale or other Assurance in the Law and done by Fine and Recovery or any other way whatsoever Provided alwaies that no Commissioner or Commissioners shall sit or act in any Case where he or they are any waies interested or concerned.

Editorial Information

X1 interlined on the Roll.