River Lark Act 1698

III. Commissioners appointed for adjusting Rates and Satisfaction to be made to Owners of Lands as aforesaid.

If Owners do not agree to Satisfaction offered; Seven Commissioners may appoint a Time and Place of Meeting thereon upon Notice; Commissioners, or Seven of them, thereupon to meet and examine Witnesses upon Oath, and determine Satisfaction to be made to the King and others, and proportion the same; Such Determination binding against the King and others; and to be set down in Writing under Hand and Seal, and kept amongst the Records of the Sessions for the County of Suffolk; and to be Evidence in Law and Equity; And upon Payment or Tender of such Satisfaction as herein mentioned, the said Henry Ashley, &c. may proceed with the necessary Works; This Act an Indemnity to Commissioners, the said Henry Ashley, and others, for necessary Acts done.

And for the better effecting the Premisses and due rating the Things for which Satisfaction shall be given by the Intent of this Act Be it further enacted by the Authority aforesaid That the Right Honourable the Earle of Dysert of the Kingdom of Scotland The Honourable William Maynard Esquire Sir Symon Dews Sir Thomas Spring Sir Samuel Barnardiston Sir Robert Davers Sir Dudley Cullum Sir Samuel Clarke Baronetts Sir Richard Gipps Knight John Hervey Thomas Hanmer William Gage James Calthrope Robert King Richard Norton Robert Madocks Roger Kerrington John Holland William Cooke Thomas Taylor Thomas Aldridge John Eldred William Glascock William Cropley John Pamphlyn Robert Judd Robert Reynolds Charles Downing Christopher Caltrope Thomas Folkes Anthony Fisher Barnardiston Dalton Young Gibbs of Horrinyer William Turner and Robert Wright Thomas Bright Hamond Lestrange The Alderman of Bury Saint Edmonds for the Time being The Coroner for the Time being The Recorder for the Time being The Six Assistants Justices of the Peace of the Borough of Bury Saint Edmonds for the Time being shall be and are hereby constituted and made Commissioners for adjusting the said Rates and determineing what Satisfaction shall be given for such Lands Grounds and Hereditaments as shall be intended to be cutt digged removed or otherwise made use of for the carrying on or effecting the Undertaking aforesaid And in case the Owners or Proprietors of the said Lands Tenements and Hereditaments and the said Henry Ashley his Heires or Assignes shall not agree for or about the same or if there shall be any Person or Persons who through any Disability by Nonage Coverture Speciall Taile or other Impediment cannot that then the said Henry Ashley his Heires or Assignes haveing made appeare to the said Commissioners or any Seaven of them how and where and how much of any of the said Lands Tenements or Hereditaments adjoyning or neare the said River are to be digged cutt or otherwise made use of or what Trees are to be cutt downe and removed for effecting the Premisses and how and where the said Bridges Sluces Locks Weares Stanches Dams or other Works must be erected or made they the said Commissioners or any Seaven of them may and shall appoint any convenient Time or Times Place or Places as they shall see cause for their Meeting of which Fourteene Daies Notice shall be given to all Persons concerned by Warrant from them or any Seaven of them to be left at the Dwelling House of the Party or Parties concerned or at the usuall Place of his her or their Abode or of some Tenant or Occupier of some Lands or Tenements of such Parties neare the said River (in case such Party or Parties shall not inhabite within Twelve Miles of the Place where the said Worke is to be made or done or Interest or Concernment shall be or in case where the Kings most Excellent Majesty is Owner of any such Lands Tenements or Hereditaments) And the said Commissioners or any Seaven of them may from time to time as they shall see Cause meete at any Place within Twelve Miles of the Place where the Interest or Concernment is that is to be determined And then and there shall and may enquire by Examination of Witnesses upon Oath which the said Commissioners or any Seaven of them are hereby impowered to administer and by all other lawfull Waies and Meanes which may tend to manifest the Truth what and how much Damage shall or may be sustained by the Kings most Excellent Majesty His Heires and Successors or by any other Person or Persons Bodies Politick or Corporate by reason of the cutting digging or otherwise useing any of his her or their Lands Tenements or Hereditaments for the Purposes aforesaid And upon such Enquiry as aforesaid shall and may determine order and decree what and how much Satisfaction the Kings most Excellent Majesty and every or any other Person or Persons Bodies Politick or Corporate shall have for such Proportion of his her or their Lands Tenements or Hereditaments [X1 as] shall be cutt digged or made use of as aforesaid and for the Damage which' shall be thereby sustained not exceeding Twenty five Yeares Purchase of the Lands Tenements or Hereditaments that shall be soe cutt digged or made use of according to the true Yearly Value thereof and shall proportion and determine what Share or Part of the Money to be paid in Satisfaction as aforesaid any Tenant or other Person or Persons haveing a particular Estate Terme or Interest in any of the Premisses shall have or receive for his her or their respective Interests which said Determinations Orders and Decrees shall be binding to all Intents and Purposes both against the Kings most Excellent Majesty His Heires and Successors and against all and every other Party and Parties their Heires Successors Executors Administrators and Assignes and all others claimeing any Title or Interest in the said Lands Tenements or Hereditaments or any thing thereto belonging in Possession Reversion Remainder or otherwise aswell Infants Feme-Coverts Tenants in Taile as others and their respective Heires Successors Executors and Administrators and all claiming by from or under him her or them or any of them which said Determinations Orders and Decrees shall be sett downe in Writing under the Hands and Seales of the said Commissioners or any Seaven of them to be kept amongst the Records of the Sessions of the Peace for the County of Suffolke by the Clerke of the Peace for the time being of the said County Transcripts whereof shall be delivered to the Clerke of the Peace for the time being of the Towne and Borough of Bury Saint Edmonds aforesaid to be by him kept upon Record among the Records of the Sessions of the Peace for the said Towne and Borough All which shall be taken and adjudged to be good and sufficient Evidence and Proofe in any Court of Law or Equity whatsoever and what Summ or Summs of Money shall be ordered or decreed as aforesaid to be paid to the Kings most Excellent Majesty that then upon Payment thereof into the Tellers-Office in His Majesties Exchequer at Westminster or shall be ordered or decreed as aforesaid to be paid to any other Person or Persons that then upon Payment of such Summ or Summs of Money to the respective Party who ought to receive the same or Tender thereof made at his her or their Dwelling-house or if they have no such within Twelve Miles of the Place where the said Interest or Concernment is for which the said Summ or Summs is to be paid that then upon Payment of the said Summ or Summs into the Hands of the said Commissioners Clerke for the Use of such Person or Persons it shall X2 be lawfull (and not before) to and for the said Henry Ashley his Heires and Assignes his and their Servants and Workmen to digg cutt or use soe much of the said Lands Tenements and Hereditaments for which such Satisfaction shall be decreed as aforesaid and thereon to erect or make such Bridges Sluces Stanches Pens of Water Dams or other Works and thereon to doe any other Act or Acts Thing or Things relating to the making or keeping the said River navigable or passable as aforesaid as he or they shall thinke requisite And the said Bridges Sluces Stanches Pens of Water Dams Cutts Trenches Haling-Paths Works and Passages to have use and enjoy and from time to time to maintaine repaire and amend as Need shall require and in as ample and beneficiall a Manner as if the same by good Title and sufficient Conveyance in the Law had been absolutely sold and conveyed to the said Henry Ashley his Heires and Assignes And this Act shall be sufficient to indempnifie the said Commissioners and the said Henry Ashley his Heires and Assignes and all other Persons authorized by the said Henry Ashley his Heires and Assignes against the Kings most Excellent Majesty his Heires and Successors and all other the said respective Owners and Occupiers of every or any the said Lands Tenements or Hereditaments their respective Heires Successors Executors Administrators and Assignes and against all and every other Person and Persons whatsoever for all and every Act and Acts Thing and Things that from time to time shall be done for by in or relating to the makeing erecting maintaining repaireing useing enjoying or passing through over or upon all every or any of the said River Streames Cutts Trenches Bridges Sluces Stanches Pens of Water Dams Works and Passages or for by or in the navigating or passing with Boats Lighters and other Vessells in upon or through the same or haling with Men and Horses in such Haling-Paths as aforesaid Any Law or other Statute or Statutes to the contrary in any wise notwithstanding

Editorial Information

X1 interlined on the Roll.

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