River Tone Navigation Act 1698

VII. The said Persons and their Successors to be Conservators of the said River.

How Vacancies by Death or Removal supplied; Conservators enabled to take Grants of Land, &c.; and Persons may convey to them without Licence in Mortmain; Five Conservators may be a Committee; and may make Contracts, Leases, &c. concerning the Premises; and may sue and be sued therein; and the Majority may appoint Servants, &c. to manage the said Estates, &c., and constitute Receivers of Duties; and Officers for making and preserving the Navigation; and may appoint Salaries, &c., subject to the Correction of Bishop, &c; valid if not disallowed in Ten Days; Conservators to meet for Execution of Act . Majority of Meeting, composed as herein mentioned, may act.; Conservators may appoint Committees.

And for the better preserving and keeping the said River Tone navigable when made soe and for the makeing the same navigable Be it further enacted by the Authority aforesaid That there shall alwaies be Conservators of the said River And that the said John Frind Thomas Baker Christopher Cooke Francis Hobart Charles Totterdell Jedidiah Safford James Reed Thomas Mundy Arthur Towell Thomas Wescombe junior Benjamin Risdon Thomas Whinnell Samuel Peacock John Amory Peter Aplin John Gray Matthew Warren Francis Newton William Smith Thomas Gunston Joseph Hillyard Thomas Ford Joseph Way Maurice Hamond Robert Webb William Milner John Foy John Kirkpatrick Thomas Purkis and Thomas Butler shall be and are hereby constituted Conservators of the said River Tone to continue during their Lives unlesse any of them shall be removed for Misbehaviour which the major Part of the said Conservators are hereby impowered to doe And when the Number of the said Conservators at any time by Death or Removall as aforesaid shall be reduced to the Number of Twenty then the surviving Conservators shall from time to time giveing Six Daies Notice in Writing to be affixed on the Markett-Crosse in the said Towne of Taunton whereof Proclamation shall be then made in open Markett assemble and by the major part of them soe assembled shall choose other Persons to be joyned to themselves to be Conservators of the said River Tone soe as to make up the Number of the said Conservators Thirty And the said Conservators are hereby enabled by the Name of Conservators of the River Tone in the County of Somersett to take and receive any Gift Legacy or Grant of Goods Chattells Money or Lands in Fee or for any other Estate or Terme for the Uses aforesaid And it shall be lawfull for any Person or Persons to convey any Estate or Estates to the said Conservators and their Successors without Licence to alien in Mortmaine And the said Conservators or the major Part of them or any Five of them being appointed by the major Number of them to be a Committee for transacting any thing relating to the Ends aforesaid shall or may in Writing under their Hands and Seales make any Contract or Agreement Lease or Bargaine with any Person or Persons Body Politick or Corporate touching or concerning the Premisses which Contracts Agreements and Leases shall be good and valid in the Law and bind as well the whole Body of the said Conservators and the Payments hereby enacted to be made for Passage or Navigation on the said River and all the Estate Reall and Personall which the said Conservators shall be possessed or seized of to the Uses aforesaid as themselves and all other Persons makeing and signeing the same And the said Conservators shall or may sue or be sued on such Contracts by the said Name of the Conservators of the River Tone in the County of Somersett And the said Conservators are hereby impowered by the major Number [X1 of Votes ] of themselves to appoint Servants and Officers to manage Estates which shall or may be given to or purchased by the said Conservators and constitute Receivers of the said Duties granted by this Act to be taken and levied on Boats Barges and Vessells passing on the said River and also a Cashire or Treasurer and to take Security of them for their true and faithfull Account and Payment of the said Money from time to time as they shall be directed by the said Conservators pursuant to this Act and alsoe to appoint and constitute any other Officer or Officers Agent or Agents Servant or Servants that shall be necessary for the makeing and preserving the said River navigable and the same Receivers Cashires Treasurers Officers Agents and Servants to remove and others to place and constitute in their Roomes at their good pleasure and alsoe to appoint what Salary Wages or Reward shall be by them respectively received on such Appointment neverthelesse the Salary Wages or Reward to be subject to the Correction of the said Lord Bishop and Justices or any Five or more of them at their first Meeting for the examineing the Accounts of the said Conservators after any of the said Receivers Cashires Treasurers Officers Agents or Servants shall be appointed and being corrected or allowed by them or if not within Ten Daies disallowed by them shall be valid and shall be allowed the said Conservators in their Account of Disbursements and the said Conservators are hereby required diligently to apply themselves to the makeing and preserving the said River navigable and to that end to assemble and meet as often as there shall be occasion and when at any time the said Conservators shall have been summoned or notice has been given them of a Meeting or Assembly of the said Conservators intended to be had for the ends aforesaid then the major number of them that shall meete in such Assembly not being lesse than the major part of the whole Number then liveing shall and are hereby impowered to act and execute all the Powers placed in them as Conservators of the said River And for the more easie dispatch of Businesse it shall be lawfull for the said Conservators to appoint Committees of themselves or authorize any particular Number of them to transact any matter or thing for or touching the Worke Undertaking and Service aforesaid and what shall be done by such Committees or particular Number soe impowered shall be good valid and binding as well to the said Conservators as others.

Editorial Information

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