Navigation (Colchester to Wivenhoe) Act 1697

VI. Proviso for the Lands, & bc. of the Earl of Kent;

and for the Lands of Nicholas Correllis Esq; If Walls & c. belonging to any Person, damaged, Mayor, & c. to make good the same; Ground, Gravel, & c. cut for making Channel not to be laid on Grounds of Persons lying on Land Side of Walls, &c. without Licence from Owner; Satisfaction to be made to Owners of Points or Parcels of Ground severed from the Main Land; And upon Payment or Tender of Satisfaction, such Pieces of Land, &c. vested in Mayor, &c.

Provided neverthelesse and it is hereby declared and enacted by the Authority aforesaid That it shall not be lawfull for the said Mayor and Co[m]monalty to assigne design or make any new Cutt or Channel through any Land or Ground belonging to the Right Honorable Anthony Earle of Kent other than one Point Peice or Parcell of Land belonging unto the said Earle of Kent called Gravel-pitt Land and lying over against the Shipp-yard that was formerly in the New Hithe and the said Cutt or Channel to be made through the same shall not exceed Forty Perches or Poles in Length and also other than two other Points Pieces or Parcells of Land co[m]monly called Forelands belonging to the said Earle and lyeing below the said first mentioned Point And that the Cutt or Channel to be made through the same shall not exceed Five and forty Perches in length in either of them nor shall not be made on that side of the Wall or Bank there which lieth to the Land nor so neare in length to the Wall or Bank there as to prejudice [X1 thereby] such Wall or Bank And further that it shall not be lawfull for the said Mayor and Co[m]monalty to assigne designe or make any new Cutt or Channel through any Land or Ground belonging to Nicholas Corsellis Esq[uire] other than one Point Peice or Parcell of Land called the Reed Point And that the Cutt or Channell [X1 to] be made through the same shall not exceed Five and forty Perches or Polls in length And further that in case any Wall Sluce or Bank for the Defence or Benefitt of the Lands of the said Earle of Kent or Nicholas Corsellis or of any other Person or Persons Bodies Politick or Corporate shall be impaired cutt or damnified by the said Mayor and Co[m]monalty their Agents or Workmen in or by the so cutting or digging any such new Cutt or Channel or in repairing enlargeing amending or cleansing the said Channel or any part thereof they the said Mayor and Co[m]monalty shall repaire and make good the same or shall make or cause to be made new good and sufficient Walls Banks and Sluces for securing to the respective Owners of the Lands adjoyning to the said River their respective Lands [X1 in as good Condition] against all Overflowings of the said River as they were in before the making or repairing of the said Channel And that no part of the Ground Soyle Gravel Mud or other thing to be dugg or Cutt for or in making enlargeing or cleansing such Channel or any part thereof shall be throwne or laid upon any part of the Land or Ground of any Person or Persons lying on the Land side of any such Walls or Banks without the Licence of the respective Owners of such Land but onely upon such Walls or Banks or upon the Border of the said Channel or in or upon some Ground or Place between such Walls or Banks and the said Channel And as to such Points or Parcells of Land as shall be severed from the maine Land by making a new Cutt or Channel through such Points as aforesaid or through any other like Points of Land in regard the same may by reason of such Severance become uselesse unto the Owners Occupiers and Proprietors of the same the like Satisfaction and Composition shall be had and made and in like manner as is herein after mentioned and directed to be had and made to and with the Owners Occupiers and Proprietors of such Land and Ground in and through which such Channel shall be made or enlarged And upon such Payments or Tender of such Su[m]m and Su[m]ms of Money so to be agreed on or decreed for or in respect of the said Points or Parcells of Land so to be severed to such Parties concerned therein in such manner as herein after is directed and appointed to be had and made for and in respect of such Land and Ground in or through which such Channel shall be designed made or enlarged the said Points or Parcells of Land so severed and lyeing between the said new Channel or Cutt so to be made and the Place where the Channel now is shall be together with the new Channel vested in the Mayor and Co[m]monalty and their Successors forever.

Editorial Information

X1 interlined on the Roll.