No Damage

to be done to

the Branch.

any Trenches, Drains, Gutters, or other Watercourses or Passages for Water, so as by such Means any Water shall be expended, wasted, or taken away from the main Trent, otherwise than as aforesaid, such Person or Persons so offending herein shall forfeit and pay for every such Offence any Sum not exceeding Five Pounds, or less than Twenty Shillings, to be recovered upon Conviction before any Justice of the Peace for the said County of Nottingham, or Borough of Newark upon Trent, not interested otherwise than as a Commissioner, by the Oath of One or more credible Witness or Witnesses, or by the Confession of the Party or Parties offending, by Distress and Sale of such Boat, Barge, or other Vessel, or of any of the Goods and Chattels of such Offender or Offenders, by Warrant under the Hand and Seal of such Justice before whom such Offender or Offenders shall be convicted, rendering the Overplus (if any be) after the reasonable Charges first deducted, to such Offender or Offenders; and for Want of sufficient Distress such Offender or Offenders shall, by Warrant under the Hand and Seal of such Justice, be committed to the House of Correction for the County of Nottingham, there to be kept to hard Labour for any Time not exceeding Two Calendar Months, nor less than Fourteen Days, or until the said Penalty and all Charges shall be fully satisfied and paid.

Provided always, and be it enacted, That in improving and completing the Lands on the said Navigation, the said Commissioners shall so construct the same, either Side of that no Damage or Injury shall be done to any of the Lands or Grounds adjoining on either Side of the said Branch of the said River Trent by holding up and impounding the Water, nor shall the Water be held up or impounded by any Lock, Dam, or Shuttle to be erected as aforesaid, or by any other Means, within Two Feet of the medium Level of the Soil of the Land adjoining on either Side of the said Branch or River Devon (except of the Levels of the Soil of such Land as has been gained from the said Branch or River Devon); or within Seven Feet and Six Inches of the lower or under Side of the Crown of the most Western Arch of the present Bridge called Markham Bridge, through which Arch the said River Devon flows at low Water; and if any Damage or Injury shall at any Time hereafter arise to any of the Proprietors of such Lands or Grounds thereby, the said Commissioners shall and they are hereby required from time to time to make good such Damage or Injury in the Manner herein after directed.

Commission

ers so to make

Provided also, That the said Commissioners shall and they are hereby required so to make the said Navigation, that the Navigation of the other Branch of the River Trent running by the several Villages of Averham and Kelham to The Crankleys aforesaid, may in no Manner be obstructed or Branch of the hindered by the improving and completing of the Navigation of the said

the Navigation, as not to injure the Navigation of

the other

River Trent

Commission

ers to keep in Repair the upper Wear.

Branch which runs by the Town of Newark.

And be it further enacted, by the Authority aforesaid, That the said Commissioners, or any Seven or more of them, shall and they are hereby required from time to time and at all Times hereafter, when and as often as the same shall be necessary, by and out of the Money to be raised by virtue

of this Act, to repair, amend, and keep in Repair the said upper Wear in such Manner as to answer the Purpose of improving and completing the said Navigation and the Working of the said Newark Water Mills, so as that by such Reparation they do not in any-wise prejudice the Right and Property in the said upper Wear of the Owner or Owners thereof, his or their Heirs and Assigns, or obstruct or prejudice the Navigation of the other Branch of the said River Trent running by or near the Villages of Averham and Kelham to The Crankleys aforesaid, or do any Damage or Injury to any of the Lands or Grounds adjoining to the said upper Wear, or upon either Side of the said Branch of the River Trent; and it shall and may be lawful to and for the said Commissioners, or any Seven or more of them, their Agents, Servants, or Workmen, from time to time to enter into and upon any Lands or Grounds adjoining to the said upper Wear, for the Purpose of repairing the same as aforesaid, making Satisfaction to the Owner or Owners, Occupier or Occupiers of such Lands or Grounds for the Time being; provided that such Damage exceeds the Value of One Shilling.

Provided always, and be it enacted, That it shall and may be lawful to and for any of the Proprietors or Owners of any of the Lands or Grounds on either side of the said Branch of the said River Trent, at his, her, or their own Expence, to make, put down, build, and erect any Sluices, Tunnels, Drains, or Cuts into, under, or through the said Navigation and the Banks thereof, for the better draining or watering the said Lands or Grounds; provided that no such Works shall obstruct or be prejudicial to the said Navigation, Banks, Locks, Sluices, or other Works thereupon.

Land owners may make Sluices, &c.

Provided also, That the said Land-owners shall from time to time keep and keep such Works in good and sufficient Repair.

Provided always, That nothing in this Act contained shall extend or be construed or deemed to extend to hinder Robert Wilson Cracroft, Esquire, Thomas Heron, Esquire, or Henry Cooke, Esquire, or their respective Heirs and Assigns, or the Trustees of certain Lands called Brown's Land, or their Successors, Lessees, or Assigns, from planting any Trees or making such Water-works as they shall judge necessary for securing the Banks of their respective Grounds next and adjoining to the said Branch of the said River Trent, between the said River Devon and the Flood-mill now belonging to the said Robert Wilson Cracroft, on the said Branch of the said River Trent, so as that such Plantations or Works shall not interrupt or occasion any Damage to the Navigation hereby directed to be made.

them in Repair.

Not to hinder

Mr. Heron, planting Trees, &c.

&c. from

ers and their Agents to enter Lands.

And be it further enacted, That it shall and may be lawful to and for the Commissionsaid Commissioners, their Agents and Servants, from time to time and at all Times hereafter to enter upon the Lands or Grounds of the King's most Excellent Majesty, or the several Persons, Bodies Politic, Corporate, or Collegiate, through which the said Branch of the said River runs, and upon which the Works hereby authorized are intended to be made, in order to

D

Bodies Politic,

&c. impower

ed to sell and convey to the Commission

ers.

survey and take a Level of the said Branch, and to set out and ascertain such Parts thereof respectively as they shall think necessary or proper for the improving and completing the said Navigation, and for making the several Works aforesaid, they the said Commissioners, and such Agents and Servants, making Satisfaction for the Damage they shall do thereby to the Owner or Owners, Occupier or Occupiers of such Lands or Grounds for the Time being, provided that such Damage exceeds the Value of One Shilling.

And be it further enacted, That after any such Parts of the said Lands or Grounds shall be so set out and ascertained for making and completing the said Navigation, and other the Purposes herein before-mentioned, it shall and may be lawful for the King's most Excellent Majesty, and for all Bodies Politic, Corporate, or Collegiate, Corporations Aggregate or Sole, Husbands, Guardians, Trustees, Feoffees in Trust, Committees, Executors, Administrators, and all other Trustees whatsoever, not only for and on Behalf of themselves, their Heirs and Successors, but also for and on Behalf of their Cestuique Trusts, whether Infants, Issue unborn, Lunatics, Ideots, or Femmes-covert, who are or shall be seised, possessed of, or interested in their own Right, and to and for all and every other Person and Persons whomsoever who are or shall be seised, possessed of, or interested in any Lands or Grounds which shall be so set out and ascertained as aforesaid, or any Part thereof, to contract for, sell, and convey unto the said Commissioners, or any Seven or more of them, or to such Person or Persons as they shall nominate and appoint, for the Use of the said Navigation, all or any Part of such Lands or Grounds which shall from time to time be so set out and ascertained as aforesaid; and whereby making and improving the said Navigation the Property of any Land-owner shall be so separated as to render the Occupation thereof inconvenient, it shall and may be lawful to and for the King's most Excellent Majesty, and to and for such Bodies Politic, Corporate, and Collegiate, and other Land-owners, under any Disability as aforesaid, by and with the Consent of the said Commissioners, or any Seven or more of them, to be testified by any Writing or Writings, to be by them sealed and delivered in the presence of and attested by Two or more credible Witnesses, to contract for, sell, and dispose of, or to convey in Exchange in Lieu of other Lands, all or any Part of such Lands or Grounds as shall remain or be left after the Land or Ground shall be ascertained and set out for making the said Navigation, or that shall be so separated by making and improving thereof as aforesaid, to any Person or Persons whomsoever, for such Price or Prices, in Money or other Equivalent, as to the said Commissioners, or any Seven or more of them, shall seem reasonable, and that all such Contracts, Agreements, Sales, Exchanges, Conveyances, and Assurances shall be valid and effectual in Law to all Intents and Purposes whatsoever; any Law, Statute, Usage, or Custom to the contrary thereof in auy-wise notwithstanding: And all Bodies Politic, Corporate, or Collegiate, and all Persons whomsoever, so conveying or exchanging as aforesaid, are hereby indemnified for what he, she, or they, or any of them shall respectively do by virtue or in pursuance of this Act; and that all such Contracts, Agreements, Sales, Conveyances, and Assurances

(other than those which concern any Purchase or Exchange between any such respective Land-owners) so to be made as aforesaid, shall, at the Expence of the said Commissioners, be inrolled with the Clerk of the Peace for the said County of Nottingham, or the Town Clerk of the Borough of Newark upon Trent aforesaid, as the Case shall be; and true Copies there- Copies deem of attested by the proper Officer shall be allowed to be good Evidence in all Courts whatsoever; for which Inrolment or Copy thereof shall be taken the Sum of Three Pence for every one hundred Words, and so in Proportion for a greater or less Number of Words, and no more.

Provided always, and be it enacted, That all Contracts, Agreements, Bargains, Sales, and Exchanges of any Lands which are of the Nature of Copyhold, shall be executed and completed by Surrender thereof in the respective Courts and Mauors whereof such Lands are held, according to the Custom of the said Manors respectively, and shall remain and continue subject to such and the same Fines, Rents, and Services as are due and payable, or of Right accustomed, in such and the same Manner as if this Act had not been made; any Thing herein contained to the contrary notwithstanding.

And be it further enacted, That it shall and may be lawful to and for the said Commissioners, or any Five or more of them, so qualified as by this Act is directed, and they are hereby required to settle, determine, and adjust what shall be paid to all and every Person or Persons interested in any Lands, Grounds, Tenements, Hereditaments, Mills, navigable or other Waters that shall or may from time to time and at any Time hereafter be affected or prejudiced by the Execution of any of the Powers hereby granted, and to direct the same to be paid out of the Monies to be raised by virtue of this Act; and they the said Commissioners, or any Five or more of them, acting in such Question, Matter, or Difference as shall arise, are hereby impowered, by Writing under their Hands and Seals, with the Consent of the Parties concerned, to determine and adjust from time to time what Sum or Sums of Money shall be paid to such Person or Persons, or any of them, either by annual Rent or Payment, or by a Sum of Money in gross, or other Satisfaction as herein after is mentioned, to and at the Election of the King's Majesty, his Heirs or Successors, or such Bodies Politic, Corporate, or Collegiate, Person or Persons respectively, who shall be so intitled or interested as aforesaid, for the absolute Purchase of the Lands or Grounds which shall be set out and ascertained as aforesaid for improving and completing the said Navigation, or any Part thereof, and other the Purposes herein mentioned; and also to determine and adjust the Recompence to be made for any Damages which may or shall be at any Time or Times whatsoever sustained by the King's Majesty, his Heirs or Successors, or any Bodies Politic, Corporate, or Collegiate, or any Person or Persons respectively, being Owners of or interested in any Mills, Lands, Grounds, Tenements, or Hereditaments, for or by reason of the severing or dividing of the same, for the making, improving, and completing the said Navigation, or the several Flood-gates, Locks, Dams, and Works aforesaid, or by the altering, diverting, taking away, or using any Streams

ed Evidence.

Bargains and

Sales of Copyhold Lands to

be surrendered as Copyhold.

Commission

ers to deter

mine what shall be paid for Lands, &c.

Proprietors,

&c. refusing to submit to the Determination of Commissioners, or being dissatisfied therewith;

Commissioners to issue Warrants to

Sheriff or Co

roner to im

pannel a Jury.

of Water or Watercourses flowing to or supplying with Water the other Branch of the Trent running by the Towns of Averham, Kelham, and South Muskham, or any Mill or Mills pursuant to the Powers hereby given, or by reason or means of the Execution of any of the Powers herein contained, by the said Commissioners, their Agents, Servants, or Workmen, and to direct the same to be paid as aforesaid; and in case such Price or Value, Damages, and Recompence respectively cannot be settled, adjusted, and agreed for by and between the said Commissioners, or their Agents for the Time being, or any of them, and such Proprietors of and Persons interested in the said Lands and Grounds as aforesaid, or if any such Bodies Politic, Corporate, or Collegiate, or other Person or Persons so interested or intitled as aforesaid, for and on his, her, or their Part shall refuse to submit any such Matter to the Determination of the said Commissioners, or shall be dissatisfied with any Determination which shall be by them made as aforesaid, and if any such Body Politic, Corporate, or Collegiate, Trustee or Trustees, or other Person or Persons so intitled or interested as aforesaid, shall refuse to receive, upon due Tender thereof made, such Purchase Money or annual Rent, or such Recompence as shall be so determined to be paid, or if upon Notice in Writing given to the principal Officer or Officers of such Bodies Politic, Corporate, or Collegiate, or to such Trustee or Trustees, Person or Persons respectively, or left at the Place or Places of his, her, or their Abode, or with the Tenant or Tenants, Occupier or Occupiers of such Lands or Grounds, he, she, or they shall, for the Space of Thirty Days next after such Notice, neglect or refuse to treat, or shall not agree with the said Commissioners, or by reason of Absence shall be prevented from treating, or through Disability by Non-age, Coverture, or other Impediment cannot treat for themselves, or make such Agreement as shall be convenient for promoting the said Navigation and other Works aforesaid, or shall not produce and evince a clear Title to the Premises they are or shall be in Possession of, or to the Interest they claim therein, then and in every such Case the said Commissioners, or any Five or more of them, shall and they are hereby impowered and required from time to time to issue a Warrant or Warrants, under their Hands and Seals, to the Sheriff of the said County of Nottingham for the Time being respectively, or in case such Sheriff or his Under-sheriff respectively or either of them shall happen to be any-wise interested in the Matter in Question, then to the Coroner of the said County of Nottingham, commanding such Sheriff or Coroner respectively to impannel, summon, and return a Jury; and the said Sheriff or Coroner respectively is hereby required accordingly to impannel, summon, and return a Jury of Twenty-four sufficient and indifferent Men, qualified according to the Laws of this Realm to be returned for Trials of Issues in his Majesty's Courts of Record at Westminster, to appear before the said Commissioners, or any Five or more of them, at such Time and Place as in such Warrant or Warrants shall be appointed, not being less than Ten or more than Twenty Days after such Warrant shall be served upon the said Sheriff or Coroner respectively; and in case a sufficient Number of Jurymen shall not appear at the Time and Place appointed as aforesaid, the said Sheriff or Coroner shall return other honest and indifferent Men of the Standers-by,