River Trent Navigation Act 1698

III. Commissioners appointed.

Commissioners to be Mediators between Undertakers and Owners; and to settle the Satisfaction to be made; Notice; Persons not agreeing,; Commissioners to ascertain the Damages, on the Oaths of 12 Jurymen; and decree what Recompence Owners shall have ; which shall be conclusive as well on Infants, &c. as on others; Commissioners to examine Witnesses on Oath, and to order Jury to view the Places in question: Sheriff to summon a Jury; If the Matter lie between Two Counties, then Sheriff of each to summon 12 Men; In Default of Number, Sheriff to return others. .

And for the better satisfying such Damages and due rating the Value of the Things to be compounded for according to the true Intent of this Act if the Parties differ about the same Be it enacted by the Authority aforesaid That the Right Honourable William Cavendish commonly called Marquis of Harrington Son and Heire apparent to William Duke of Devonshire The Right Honourable Henry Cavendish Esquire commonly called Lord Henry Cavendish Second Son to the said Duke The Honourable Henry Pagett Esquire The Honourable John Verney Esquire Sir Thomas Gresley Sir John Harpur Sir Robert Burdet Sir Henry Every Sir Michael Biddulph Baronets Sir Gilbert Clarke Knight Robert Wilmot Robert Holden Henry Heveningham Robert Harding John Harpur Gilbert Thacker Francis Thacker Henry Every Walter Burdet Godfrey Menell George Vernon John Aleyn Walter Horton Thomas Cooke Edward Bagot Richard Dyot John Wilkins Daniel Watson Isaac Hawkins Esquires Sir Edward Abney Knight Edward Bignall Serjeant at Law Thomas Charnells Esquire Richard Cheslin and Henry Bigland Gentlemen The Bayliff of the Borough of Burton upon Trent for the time being and the Feoffees of Burton upon Trent for the time being shall be and are hereby constituted and made Commissioners for settling and adjusting in manner hereafter mentioned all Matters about which any Difference may arise concerning such Navigation and for the putting the severall Powers and Authorities hereby granted relating thereto in Execution and they or any Five or more of them are hereby impowered and authorized and shall have lawfull Power and Authority from time to time as occasion shall require to mediate between the said Undertaker or Undertakers and the Owners and Occupiers of such Lands Tenements and Hereditaments as shall be intended to be used or altered for makeing the said River navigable or who may or shall sustaine any Damage thereby and by Writing under their Hands and Seales or the Hands and Seales of any Five or more of them settle and proportion what Satisfaction shall be made for the same and to whom and how to be divided betwixt Landlords and Tenants or any other haveing any particular Interest or Estate herein and if there shall be any Person or Persons Bodies Politick Corporate or Collegiate that upon convenient Notice to them given or left in Writing at the Dwelling House or Place of Abode of such Person or Persons or of the Head Officer or Officers of such Bodies Politick Corporate or Collegiate or at the House of the Tenant in Possession of the Lands and Tenements so intended to be used or altered as aforesaid shall by the Space of Tenn Daies next after such Notice given or left as aforesaid neglect to treate or haveing begun to treate shall not agree in the Premisses or through Nonage Converture Special Tail or other Impediments or under any Disability of treating for themselves or by reason of Absence are prevented from treating in such case the said Commissioners or any Five or more of them shall first ascertaine what Damages such Owner Occupier or Proprietor or other Person or Persons concerned therein shall or may suffer or sustaine for or by reason of such Liberties Matters or Things as shall be desired or intended by such Undertaker or Undertakers in order to such Navigation upon the Oaths of a Jury of Twelve indifferent. Men of that Neighbourhood which Oaths the said Commissioners or any Five or more of them are hereby impowered to administer and then shall make such Judgment Sentence Decree and Determination touching and concerning the same and what Recompence and Satisfaction such Owner Occupier or Proprietor or other Person or Persons suffering thereby shall have by reason thereof as they or any Five or more of them shall think fit which Judgment Sentence Decree or Determination so made shall be binding and conclusive to all Intents and Purposes against all Persons and Parties whatsoever claiming in Possession Reversion Remainder or otherwise their Heires and Successors aswell Persons absent as present Infants Feme Coverts and Persons under any other Disabilities whatsoever Bodies Politick Corporate or Collegiate as well as all other Person and Persons whatsoever and the said Commissioners or any Five or more of them are hereby impowered to administer an Oath to and upon such Oath to examine all such Witnesses as shall be produced to give Evidence to the said Jury and alsoe to order and authorize the said Jury to view the said Place or Places in question and to use all other lawfull Waies and Meanes for such Juries better Information in the said Premisses as they the said Commissioners or any Five or more of them shall think fit and in order to the summoning and returning of such Jury or Juryes the said Commissioners or any Five or more of them are hereby impowered to issue out a Warrant or Warrants to the Sheriff of the County where such Land Matter or Thing so to be enquired of or compounded for lyes thereby commanding him to empannell summon and returne an indifferent Jury of Four and twenty Persons to appeare before such Commissioners or any Five or more of them at such Times and Place as by such Warrant shall be appointed and in case the Matter to be enquired or compounded for shall lye betwixt two Counties then to the Sheriff of each County requiring each Sheriff to summon and returne Twelve indifferent Men to make up the said Number of Four and twenty to be and appeare as aforesaid and for default of a sufficient Number of Jury Men the Sheriff or Sheriffs and his or their Deputies or Deputy shall returne other honest and indifferent Men of the standers by or that can be speedily procured to attend that Service to make up the said Jury to the Number of Twelve.