River Dee, Chester Act 1698

XX. If Disputes arise as to the Value of Soil dug, or otherwise, as herein mentioned,

the Corporation and Persons complaining are to choose Arbitrators, as herein mentioned; Appeal from Arbitrators to Chief Justice of Chester, whose Order is to be final; Where Parties do not name Arbitrators, or the Arbitrators refuse to act; Chief Justice of Chester may determine summarily.

Provided alwaies and be it enacted by the Authority aforesaid That in case any Difficulty or Difference doe happen or arise touching the Value of the Clodds Earth Sands Soile Gravell or Materialls that shall happen to be gott or digged on the Northside of the Line for the Purpose aforesaid or Damage that shall happen either to the Herbage of the said part of the said Marsh bearing Grasse by cutting the said Channell through the same as aforesaid or to the Lands or Grounds lying on the Northside of the said Line by the Rivers not being preserved within its Bounds as aforesaid to be sett and limitted by the said Line or the Recompence or Satisfaction that shall or ought to be made for the same or the Manner or Method of bearing raiseing or Payment thereof It shall and may be lawfull to and for the said Mayor and Citizens and their Successors by Act of Common Councill and such Person and Persons soe injured and complaining as aforesaid to nominate and appoint Six Persons Three on each side to be Commissioners or Arbitrators and to limmitt Time and Place for their Meeting to settle and adjust the said Differences which Persons soe to be nominated and appointed or the major Number of them are hereby impowered to ascertaine and sett downe in Writing under their Hands and Seales the Satisfaction to be made and order and direct Time and Manner of raiseing and Payment thereof in the most effectuall and speedy way And in case either Party shall find him her or themselves aggrieved by any Order or Determination of the said Commissioners or Arbitrators he she or they may appeale to the Chiefe Justice of Chester for the Time being at the next Sessions held for the said County of Chester who is hereby authorized and impowered to heare and determine the same and whose Order therein shall be performed and submitted unto and be finall and conclusive to both Parties And in case either Party shall neglect or refuse to nominate or appoint Commissioners or Arbitrators to heare and determine the said Differences or in case the said Commissioners or Arbitrators shall neglect or refuse to meete heare or make any Determination therein then it shall and may be lawfull for the Person or Persons injured and complaining as aforesaid to summon the said Mayor and Citizens by leaving Notice in Writing Eight Daies before the First Day of the Sessions of the said County of Chester with the Mayor of the said City for the Time being containing the Cause of his or their Complaint and requireing him to appeare before the Cheife Justice of Chester for the Time being at a certaine Day in the Time of the Sessions for the said County of Chester who is hereby authorized and impowered in such Case summarily to heare and determine the said Complaint and Order what he shall in his Discretion think fitt to be done therein And his Order in the Premisses shall be performed and submitted unto and be finall and conclusive to all Parties