Commission

ers..

Manufacturers, and other Inhabitants residing in the said Counties, as to the Utility and Benefit of the Public in general:

And whereas the good Purposes intended by the said Navigation cannot be effected without the Aid and Authority of Parliament;

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
Authority of the same, That the Right Honourable Henry Fienes Pelham
Clinton commonly called Earl of Lincoln, the Right Honourable George
Sutton commonly called Lord George Sutton, the Right Honourable Tho-
mas Pelham Clinton commonly called Lord Thomas Clinton, the Right
Honourable John Pelham Clinton commonly called Lord John Clinton,
the Honourable Thomas Willoughby, the Right Honourable Sir John
Shelley, Baronet, Sir George Savile, Sir William Molyneux, Sir George
Smith, Sir Samuel Gordon, Sir Richard Sutton, Baronets, the Reverend
William Rastall, the Reverend Richard Sutton, Doctors in Divinity,
William Mushet, William Thretfull, Wright, Doctors of Physick,
the Reverend William Cheales, John Disney, John Edwards, William
Harding, Francis Ireland, Robert Lock, Henry Martin, James Andrew
Milnes, John Ridghill, Hugh Wade, Clerks, Charles Amcotts, Samuel
Allen, Darcy Burnell, John Broadhurst, John Bright, Job Brough,
Thomas Bland, John Broadhurst, Joiner, William Bingham, William
Bradley, William Bradley the younger, Samuel Brooksby, Robert Wilson
Cracroft, John Cracroft, William Cartwright, Job Staunton Charlton,
Nathaniel Carpenter, Bryan Cooke, Henry Cooke, John Gilbert Cooper,
Handasyde Charters, John Clay, Edward Cole, Edward Clark, John Clark,
James Clark, Richard Rawson Camm, Robert Waring Darwin, Lewis
Disney, John Derry, Thomas Derry, Richard Doubleday, John Entwisle,
the younger, James Entwisle, Richard Eastland, William Eyre, Robert
Foster, John Fowler, Jenison William Gordon, John Girton, James
Guthrie, John Godfrey, Joseph Gill, John Hewett, Robert Holden,
Alexander Atkinson Holden, Robert Holden, of Newark, Thomas Heron,
Richard Heron, William Holt, Edmund Hynde, William Handley, William
Handley the younger, William Handley, Wine-merchant, Nicholas
Hutchinson, Robert Hilton, Thomas Haslam, John Heppenstall, Thomas
Harrison, Richard Hutton, George Hutton, William Kirke, John Lacy,
Daniel Lynch, William Linthwaite, John Manners, George Mason, George
Mason the younger, William Martin, Robert Martin, Thomas Morley, Henry
Milnes, George Nevile, Joshua Peart, Roger Pocklington, Joseph Pockling-
ton, Timothy Rastall, Samuel Rastall, Robert Rousby, John Ridgill, George
Sutton, John Sutton, Joseph Sikes, John Laycock Story, Thomas Shittle-
wood, John Smith, William Smith, Samuel Sketchley, Robert Spragging,
Thomas Spragging, Henry Snart, Henry Stuart, David Stephenson, John

Truzwell, John Twelch, James Tomlinson, William Tomlinson, George Tomlinson, Hardwick Taylor, Thomas Toder, Richard Thorpe, John Twentyman, Samuel Twentyman, Richard Tuxworth, John Whetham, James Wilcockson, John Wood, the Mayor and Aldermen of the Borough of Newark upon Trent, in the County of Nottingham, for the Time being, the Recorder of the said Borough for the Time being, the Vicar of Newark upon Trent aforesaid for the Time being, and their Successors, to be elected in Manner herein after-mentioned, shall be and they are hereby appointed Commissioners for improving and completing the Navigation of the said Branch of the River Trent which runs by the Town of Newark from a Place called The Upper Wear, in the Parish of Averham, in the County of Nottingham, to a Place called The Crunkleys, in the Parish of South Muskham, in the said County, and for putting in Execution the several Powers given to them in and by this Act.

And be it further enacted, by the Authority aforesaid, That the said Commissioners, or any Seven or more of them, shall meet on that Day Three Weeks after Passing of this Act at the King's Hall, in Newark upon Trent aforesaid, and shall then proceed to the Execution of the Powers given to them in and by this Act; and the said Commissioners, or any Seyen or more of them, shall hold One general Meeting on the First Thursday in May in every Year in the said Town of Newark upon Trent ; and the said Commissioners, or any Seven or more of them assembled at such First or any subsequent Meeting, may from time to time adjourn and hold their Meetings at such Time or Times, Place or Places, being within the said Town of Newark upon Trent, or within the Distance of Seven Miles from the said Navigation, as they or any Five or more of them shall think most convenient for putting the Powers given to them in and by this Act in Execution; and if at any Time a sufficient Number of Commissioners shall not attend to adjourn, the Treasurer or Clerk to the said Commissioners shall adjourn the said Meeting to some other Day, to be held at the same Place where such Meeting was appointed to be held, giving such Notice as by this Act is directed; and that no Person shall act as a Commissioner in the Execution of this Act during the Time he shall hold any Place of Profit under this Act; but all such Commissioners as are Justices of the Peace for the said County of Nottingham, or the Borough of Newark upon Trent, may act as Justices of the Peace in the Execution of this Act, notwithstanding their being Commissioners.

And be it further enacted, by the Authority aforesaid, That it shall not be lawful for the said Commissioners to act in the Execution of any of the Powers hereby given (except as a Justice or Justices of the Peace or for the Purpose of appointing Collectors as herein after is mentioned) but at a public Meeting to be held in pursuance of this Act; and that no Meeting shall be held unless Notice in Writing or in Print, under the Hand of the Clerk to the said Commissioners, of the Time and Place of holding every such Meeting shall be affixed upon the Door of the King's Hall and the

Appointing

new Commissioners in case of Death or Refusal to act.

Qualification

of Commissioners.

Penalty on Commissioners acting wherein they are any-ways concerned.

Commission

ers to be sworn.

Door of the Parish Church of Newark upon Trent aforesaid, Ten Days at least before every such Meeting (Meetings by Adjournment excepted).

And be it further enacted, by the Authority aforesaid, That upon the Death or Refusal to act of any Commissioner hereby appointed or hereafter to be elected, the surviving or remaining Commissioners, or any Seven or more of them, shall and may from time to time elect One other Commissioner in the Room of every such Commissioner deceased or refusing to act; and every Person so elected shall have the same Authority as if he had been named a Commissioner in this Act, Ten Days Notice being first given as herein before-directed of a Meeting to be held for the Purpose of electing such Commissioner.

And be it further enacted, by the Authority aforesaid, That no Person shall act as a Commissioner in the Execution of any of the Powers hereby granted, unless he shall be in his own Right or in Right of his Wife in the actual Possession and Enjoyment or Receipt of the Rents and Profits of Lands, Tenements, or other Hereditaments of the yearly Value of Forty Pounds above Reprizes, or be possessed of or intitled unto a personal Estate to the Amount or Value of One thousand Pounds (after Payment of Debts); and if any Person not being so qualified shall act as a Commissioner in the Execution of this Act, every such Person shall for every such Offence forfeit the Sum of One hundred Pounds to any Person or Persons who will sue for the same, to be recovered with double Costs of Suit by Action of Debt, Bill, Plaint, or Information in any of his Majesty's Courts of Record at Westminster, in which no Essoign, Protection, Wager of Law, or more than One Imparlance, shall be allowed; and the Person so prosecuted shall prove that he is qualified as above, or otherwise shall pay the said Sum of One hundred pounds, without any other Proof on the Part of the Prosecutor than that such Person has acted as a Commissioner in the Execution of this act.

Provided always, and be it enacted, by the Authority aforesaid, That if any Commissioner shall act in the Execution of this Act, or any of the Powers herein contained, where he is any-ways concerned in the Matter in Question, every such Commissioner shall for every such Offence forfeit the Sum of Fifty Pounds to any Person or Persons who will sue for the same; to be recovered in the same Manner and with like Costs of Suit as the Penalty for acting as a Commissioner in the Execution of this Act, not having the Qualification herein appointed for a Commissioner, may be recovered; any Thing in this Act contained to the contrary notwithstanding.

And be it further enacted, by the Authority aforesaid, That all and every Person and Persons constituted and appointed a Commissioner or Commissioners by virtue or in pursuance of this Act, before he and they take upon himself or themselves to act as a Commissioner or Commissioners (other than administering the following Oath to one another, which they or any

Two or more of them are hereby impowered and required to do) shall

take and subscribe the following Oath : ·

er's Oath.

I A. B. do swear, That I will, without Favour or Affection to any Person Commissionor Persons whatsoever, truly, faithfully, and impartially execute, perform, and discharge the Office and Duty of a Commissioner, according to the Powers, Authorities, and Directions given and established by an Act of Parliament "for Improving and Completing the Navigation of that Branch "of the River Trent which runs by the Town of Newark upon Trent, from a " Place called The Upper Wear, in the Parish of Averham, in the County of Nottingham, to a Place called The Crankleys, in the Parish of South "Muskham, in the said County." So help me GOD.

Which Oath so taken and subscribed as aforesaid shall be kept by the Town Clerk of the Borough of Newark upon Trent aforesaid, among the Records of the Sessions of the Peace in and for the said Borough.

Commission

Officers.

And be it further enacted, That the said Commissioners, or any Seven or more of them, shall be and they are hereby impowered from time to ers to appoint time, by Writing under their Hands and Seals, to appoint such Collector or Collectors of the Rates or Duties herein after-mentioned, and also such Treasurer or Treasurers as they shall think fit to employ in the Execution of this Act, such Treasurer or Treasurers and Collector or Collectors giving Security to the Satisfaction of the said Commissioners, or any Seven or more of them, and such Collector or Collectors shall at such Time or Times as he or they shall be required by the said Commissioners, or any Seven or more of them, by Writing under their Hands and Seals, pay or cause to be paid into the Hands of the said Treasurer or Treasurers all and and every the Sum and Sums of Money which such Collector or Collectors shall have received by virtue of this Act; and the said Commissioners, or any Seven or more of them, may also by Writing under their Hands and Seals appoint a Clerk or Clerks, and such other necessary Officers as they shall think fit to employ in the Execution of this Act; and all the Officers so to be appointed shall be paid out of the Monies to be raised by virtue of this Act, such Salaries or Allowances as the said Commissioners, or any Seven or more of them, shall think reasonable, and shall be from time to time removeable at the Will and Pleasure of the said Commissioners, or any Seven or more of them.

And be it further enacted, That the said Treasurer or Treasurers shall fairly enter into One or more Book or Books to be kept for that Purpose an Account of all Monies by him or them received and disbursed, specifying the Times when, and the Persons from and to whom such Monies were respectively received and disbursed, and for what Purposes; which Book or Books, or a true Copy thereof signed by the said Treasurer or Treasurers, together with the Vouchers for such Disbursements, and also all Books and Papers in his or their Custody relating to the Execution of this Act, shall be delivered to the said Commissioners, or any Seven or more of them, at

B

Receipts and

be entered in a Book.

Payments to

Commissioners may ap

point Collectors, tho' not

at a public Meeting.

some public Meeting Twice at least in every Year, and from time to time as often as the said Commissioners, or any Seven or more of them, shall require the same; and the said Treasurer or Treasurers shall also verify the said Account or Accounts upon Oath, if thereunto required by the said Commissioners, or any Seven or more of them; and the said Commissioners, or any Seven or more of them, are hereby authorized to discharge such Treasurer or Treasurers of all such Monies as he or they shall have truly accounted for; and the said Commissioners, or any Seven or more of them, shall also at such Time or Times as they shall think proper summon before them, and if they think fit examine upon Oath (which Oath, as also the Oath or Oaths to the said Treasurer or Treasurers, the said Commissioners, or any One or more of them, is and are hereby impowered to administer) all or any such Collectors, Clerks, and Persons employed in or intrusted with the Receipt or Expenditure of any of the Monies to be raised by virtue of this Act; and the said Collectors, Clerks, and Persons employed in or intrusted as aforesaid shall render to the said Commissioners, or any Seven or more of them, from time to time as often as they shall be thereunto required by the said Commissioners, or any Seven or more of them, a true and perfect Account in Writing of all Monies so by them respectively received and paid, with the Vouchers for such Payments, and also all Books and Papers in their Custody relating to the Execution of this Act; and in case any such Treasurer, Collector, Clerk, or other Officer or Person shall be found in Arrear, or refuse to account or to pay the Money remaining in his Hands, or refuse to verify the Account upon Oath if thereunto required, according to the Directions of the said Commissioners, or any Seven or more of them; or if any such Officer or Person shall not deliver such Books or Papers in his Custody as aforesaid, in every such Case it shall be lawful for any One Justice of the Peace for the County or Place wherein such Officer or Person shall be or reside to make Enquiry into such Default, either by the Confession of the Party, or by the Testimony of any credible Witness upon Oath (which Oath such Justice is hereby impowered and required to administer) and if any such Officer or Person shall be convicted of any of the Offences aforesaid, such Justice shall and he is hereby impowered, by Warrant under his Hand and Seal, to commit every such Officer and Person to the common Gaol or House of Correction of such County or Place, there to remain without Bail or Mainprize until he shall have made a true Account and Payment, and delivered such Books and Papers as aforesaid, or compounded with or satisfied the said Commissioners, or any Seven or more of them; which Composition the said Commissioners, or any Seven or more of them, are hereby impowered to make.

Provided also, That as often as any Collector of the Rates or Duties shall die, or be incapable of performing his Duty, it shall be lawful for any Five or more of the said Commissioners, though not assembled at a Meeting in pursuance of this Act, by any Writing under their Hands, to appont any other Person to collect sush Rates or Duties; and the Person so appointed shall have the same Authority for Recovery thereof as the Person he shall succeed was vested with, until the said Commissioners, or any Seven or