June 1601: An Act For making Navigable the River of Wye.

June 1651

[26 June 1651]

Whereas the making and effecting of a Passage for Barges, Boats and Liters by the River of Wye, running through the Town of Guildford in the County of Surrey into the River of Thames, at a Town called Weybridge, will be very advantagious for the Commonwealth, Be it therefore Ordained and Enacted by the Authority of this present Parliament, That it shall and may be lawful to and for the Major for the time being, and approved Men of Guildford; or James Pitson, John Howe of Guildford Esqs; John Waltham of Shallowford, and Richard Scotcher of Guildford aforesaid Gent. or any other person or persons at their own Costs and Charges, to cleanse, scour, and make Navigable the said River of Wye, and to cut and dig a new River or Trench for the better effecting of the said Navigation, in the most convenient places where they shall think fit; and to take away all Trees and Roots, and remove all Impediments that may any way hinder the said intended Passage or Navigation; And to erect and make Locks, Weres, Turn pikes, Pens for water, and Wharfs to lay on Timber, and all other Materials that shall be brought to or from Guildford, where they shall think fit; and to amend and alter such Bridges as may hinder the said Passage, leaving them as fit for Carts, Waggons, Horse and Foot, as they were before; and to do all other things necessary for the better conveniency of the said River and Passage, and for the repairing and amending of the same from time to time, and at all times hereafter. And for that the making of the said Rivers and Passages Navigable, may not be prejudicial to the Inheritance and profit of divers persons that have Land adjoyning to the said Rivers and Passages and through which the said Rivers and Passages shall be cut; Be it therefore further Enacted by the Authority aforesaid, That the Lords Commissioners for the Great Seal of England, may appoint and authorize by Commission under the Great Seal of England, Twelve Commissioners within the County of Surrey, whereof three to be named by the said Lords Commissioners, and three to be named by the said Major for the time being, and the approved men of the Town of Guildford, or the major part of them, and six by the Free-holders of the County, at some County there to be holden, whereof notice shall be given at the County Court before, to the end as many Free-holders may appear at the Election as will; which said Commissioners, or the greater part of them, informing themselves by Examination of Witnesses upon Oath (which hereby they shall have power to Administer) shall have full power and authority to determine, appoint and set down, what and how much satisfaction every person or persons shall have for or in respect of any loss or damage by cutting of their Land, by making the said Passage or Navigation at such Rates and Prices as they shall think fit, in case the said Major and approved men, or the said James Pitson, John Howe, John Waltham and Richard Scotcher, or other persons authorized by them shall not agree beforehand with the parties so to be damnified as aforesaid. And the said Commissioners or major part of them shall have full power and authority by this Act, to determine all Controversies which shall or may happen touching the meaning and construction of this Act; And the Rates, Prices and Determinations so set down by them, shall binde all parties whatsoever; And the agreement or Order and determination so to be made, shall be set down under the Hands and Seals of the said Commissioners or the major part of them, And be it further Enacted, That the said Major for the time being, and approved Men of Guildford aforesaid, or major part of them, or the said James Pitson, John Howe, John Waltham and Richard Scotcher, or such other person or persons as shall be authorized by them to effect the said work, shall not take above the price of Four Shillings the Load, accompting Twenty hundred weight to the Load for any or every Load (and a Chaldron of Coals to be accompted for a Load of Coals) that shall be carryed from the said Town of Guildford unto Weybridge-Haw, and afterwards such Rate or Price as other Boats and Barges have for carrying from thence unto the City of London: And that it shall and may be lawful for the said Major for the time being, and approved men of Guildford, or the major part of them, or the aforesaid James Pitson, John Howe, John Waltham and Richard Scotcher, or for any other person or persons to be authorized by them, who shall undertake to make the said River or Passage at their own Costs and Charges, to receive and take the several Rates and Prices before mentioned or expressed, for the carriage of every Tun to and from the several places before named, and shall not take above Twelve pence of every Passenger that shall be carryed between Guildford and the said City of London, and after the same Rates proportionable for any part of the said Passage, and shall not take above or more then the Rates aforesaid: And shall peaceably and quietly take and enjoy the same Rates and Taxes to them, their Heirs or Successors and Assigns for ever, in recompence of their great charge in making and maintaining the said Rivers or Passages Navigable, by force and vertue of this present Act; and all other person and persons whatsoever, who shall disburse any money towards the making of the said Rivers and Passages, shall also enjoy the profit thereof, according to their several Agreements made or to be made with those that undertake this work, in as ample maner as those that undertake the same may or ought to do by force and vertue of this Act, and according to the true intent and meaning thereof. And whereas the said Major and Corporation of Guildford are the Procurers of the said Passage, Be it further Enacted by the Authority aforesaid, That the Commissioners aforesaid, or the more part of them, by vertue of this Act, shall have power and authority from time to time to ordain and make Orders and Constitutions for the good and orderly way of all Boats and Boatmen belonging to the said Passage; and to set, lay and execute such reasonable Penalties upon the breakers thereof, as they shall think fit. And be it further Enacted by the Authority aforesaid, That when any of the said Commissioners shall happen to dye, that then and so often it shall and may be lawful for the Lords Commissioners of the Great Seal for the time being, from time to time to supply one Commissioner, or so many Commissioners as shall make and fill up the number of twelve Commissioners, to be chosen as aforesaid respectively by the several parties, if any by them so Elected as aforesaid shall happen to dye, upon the Request of the surviving Commissioners. And because the said Passage from Weybridge to Guildford is directly against the Stream, so as the Boats and Barges must of necessity in some places and at some times be towed or drawn up by strength of Men, Lines and Ropes, Winches, Engines, and other means convenient for that purpose; Be it therefore further Enacted by the Authority aforesaid, That it shall and may be lawful to and for such Watermen, Boatmen and Bargemen, and other helpers of them, to have and use a certain Path of one foot and an half in breadth on either side of the said River of Wye, for drawing up by strength of men, lines, ropes, winches, and other Engines, their Boats, Barges and other Vessels, passing and repassing the said River of Wye, without y^e hindrance, trouble or impeachment of any person or persons whatsoever, Provided always, That it shall not be lawful to the said Major and Corporation of Guildford, or to the said James Pitson, John How, John Waltham and Richard Scotcher, or their Assigns, to dig, trench or cut, or make any Wharf in or upon the Lands of any person or persons respectively, until a full agreement with the respective Lords, Owners or Occupiers of the said Lands he had and made by the Commissioners appointed as aforesaid, according to the true meaning of this present Act, Any thing herein contained to the contrary notwithstanding.