River Tone Navigation Act 1698

II. Conservators before they intermeddle with Lands to contract for Loss, &c., and if they and the Owner cannot agree; or if the Title be in an incapacitated Person,;

Sheriff of the County may, on the Request and at the Costs of Conservators, settle the same by a Jury and Examination of Witnesses, and with or without hearing of Party interested, determine the same; on Notice,; and apportion the same; Such Determination to be binding. Agreement to beput in Writing under Hand and Seal, and enrolled at the Sessions for Somersetshire; and then, upon Payment or Tender of Money; Conservators may enter with Carts, &c. and dig, &c; Jury may summon Persons, and examine them as to the Value of the Premises, &c; If on such Examination or on Summons, Parties interested do not appear, or after Appearance shall withdraw, Jury may determine Amount of Satisfaction; Such Determination good, notwithstanding Absence of Parties interested.

And because the doing of the things aforesaid may be prejudiciall to the Inheritance Possession or Profit of divers Persons Bodies Corporate or Politick that have Lands adjoyneing to the said River or Passage be it further enacted by the Authority aforesaid That the said Conservators of the said River or the major Part of them before they doe meddle with the Land Inheritance or Possession of any Person or Persons Bodies Corporate or Politick shall and may contract and agree for the Losse and Damage which any of them shall or may any way receive by makeing the said Passage or River navigable or any thing concerning the same and if any of the Owners of the said Land or Persons in Possession thereof or haveing Title to the same in Possession Remainder or Reversion and the said Conservators or the major Part of them cannot agree touching the Value thereof or if the Title in Possession Remainder or Reversion of any of the said Lands be in an Infant Feme Covert Ecclesiasticall Person or Corporation or any other Person or Persons unable in Law to make a Contract concerning any of the said Lands either for the present or soe as to bind and convey the Inheritance and Fee Simple of the same that then it shall and may be lawfull to and for the Sheriffe for the time being of the said County and the said Sheriffe is hereby authorized and required either in Person or by his Under-sheriffe within Thirty Daies after Request by the said Conservators or the major Part of them to him for that Purpose made in Writing and at the Cost and Charges of the said Conservators by a Jury of Twenty four indifferent Men of the Neighbourhood neither interested in the said Undertakeing nor in any of the said Lands through which the said River now is or shall be made navigable and by examineing Witnesses upon Oath in the Presence of the said Jury which the said Sheriffe or Under-Sheriffe is hereby impowered to administer and upon hearing the Parties interested or any for them or on Default of their Appearance at such Inquiry without hearing them to inquire and determine appoint order and sett downe in Writing (Notice being first given by Papers publickly affixed and sett up at the Market-Crosse in the said Towne of Taunton and alsoe left at the Dwelling Houses of the severall Occupiers of the said Lands Twenty Daies at least before such Inquiry) what and how much Satisfaction and the Price and Value that every Person and Persons Body Politick [X1 and ] Corporate shall have for or in respect of the Damage and Losse by him her or them to be sustained and what Share and Proportion of Satisfaction any Tenant or any other Person haveing a particular Estate Terme or Interest in any of the said Lands shall have and receive for his her or their respective Estate Terme or Interest And the said Determination of the Price or Value soe sett downe by them shall bind all Parties Which Agreement betweene the said Conservators and the Parties interested or Determination Appointment or Order soe sett downe by the said Jury or the major Part of them shall be putt in Writing under the Hands and Seales of the said Conservators or the major Part of them and the Parties or Proprietors of the said Land upon any Agreement betweene them made or of the said Jury or the major Part of them within Four Daies after the same shall be made and declared and shall be enrolled and kept amongst the Records of the Sessions of the Peace for the said County of Somersett and that then upon Payment of such Sum or Sums of Money soe agreed upon or ordered as aforesaid or Tender thereof made with Purpose to pay the same to the severall Person or Persons or at his her or their Dwelling House or usuall Place of Abode Body Politick or Corporate to whom it shall be soe allowed adjudged and decreed it shall be lawfull to and for the said Conservators or the major Part of them their Agents or Servants and all and every Person or Persons imployed by them to enter upon the said Lands with Horses Carts Carriages and all things necessary for carrying on the said Worke and to digg any Land in or neare the Channell of the said River and make or cause to be made any Bridges Locks Weares Wharffs Turnpikes Channells Waies and Passages or to doe any other Act for which any such Agreement or Order shall be made as aforesaid And the better to enable the said Jury or the major Part of them to know sett downe and order the just and true Value of any Land that is to be cutt digged or made use of to the Ends aforesaid the said Jury or the X2 major Part of them are hereby authorized and impowered to summon any Person or Persons before them at a certaine Time and Place in such Summons to be expressed as often as it shall be necessary aswell those interested as others and to examine them and to administer an Oath for the better Discovery of the Truth therein to any Person comeing before them to give them Information concerning the same And in case on Appearance and Examination or on such Summons duely served on any of the Proprietors or Parties interested in the said Land the said Parties interested shall not appeare or after Appearance shall withdraw themselves then the said Jury or the major Part of them shall and may in the Absence of and without the Appearance of the said Parties proceed to determine sett downe and order in Writing on Parchment under their Hand and Seale or the Hand and Seale of the major Part of them what Satisfaction shall be made and paid to them respectively which Determination and Order shall be good valid and conclusive notwithstanding their Absence or not being heard and shall vest an Estate in Fee Simple in the said Conservators and their Successors or other Right Title or Interest in any Lands or Hereditaments according to the Tenor of such Order

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: 1 or O. [O. refers to a collection in the library of Trinity College, Cambridge]

X2 Variant reading of the text noted in The Statutes of the Realm as follows: 1 the O. [O. refers to a collection in the library of Trinity College, Cambridge]