William III, 1697-8: An Act for cleansing & making Navigable the Channel from the [Hithe] att Colchester to Wivenhoe. [Chapter XIX. Rot. Parl. 9 Gul.III.p.4.n.1.]

Reasons for passing this Act.

Merchants, Owners of Goods, & c. to pay Duties as herein-after mentioned; Duties, to be paid before Landing, Delivery, or Landing of Goods.

Forasmuch as the Ancient Borough of Colchester hath been and yett is considerable for its Trade both att Home and Abroad especially in the Woollen Manufactory neer unto which Burrough hath been and yett is a Haven. River and Channel co[m]monly called Colne flowing upp to the said Towne which of late Yeares hath been so filled choaked and stopped upp between the Mill there called the Hithe (fn. 1) Mill and Wivenhoe and such Points of Land in Processe of time so growne upp that Shipps and other Vessells cannott come upp to the accustomed landing Place called the New Hithe in Colchester aforesaid as in times past hath been used by which Meanes the Inhabitants thereof are putt to greate Charges for the Carriage of their Goods Wares and Merchandizes between Wivenhoe and Colchester aforesaid which is not onely prejudicial to the Inhabitants of the said Borough but to all other Traders in or to the Port of Colchester aforesaid and will be yett more injurious to them if some speedy Course or Remedy be not taken and provided for repairing amending and maintaining the said Chanel and River by clearing cleansing deepening & widening the same and cutting crosse such Point & Points of Land as are soe growne upp as aforesaid For Remedy whereof and to the intent that the said River and Channell as well for the good of the Inhabitants of the said Towne of Colchester as-also of such as shall Trade and passe thither and from thence with Merchandizes may be so repaired amended and maintained and for that the Charge of doeing the same will be very greate Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by the Authority of the same That from the First Day of May in the Yeare of our Lord One thousand six hundred [ninety] and eight and for and dureing the space of One and twenty Yeares from thence next ensuing all Merchants Owners or Proprietors of any Goods Wares and Merchandizes that shall be brought in and to the said River and Channel and shall be landed att or shipped from Wivenhoe or the New Hithe in Colchester aforesaid or betweene either of the said Places shall pay unto the Collector or Collectors to be nominated and chosen as is herein after named for the aforesaid Goods Wares & Merchandizes for and towards the clearing cleansing deepening and widening the said, River and Channell cutting of the said Points and removing all other Obstructions in the same all & every such Duties Su[m]m and Su[m]ms of Money as are hereafter particularly expressed (that is to say) For every Bay Say or Perpetuane One Halfe-Penny per Peice For every Tun of Timber Six Pence; For every Tun off Chalk for Lime Three Pence For every Tun of Paving Stone Six Pence For every Tun of all other Kind of Stones or of Tobacco Pipe Clay Ashes or Pan-Tyles and for every [Chalder (fn. 2) ] of Fullers Earth or [Chalder (fn. 2) ] of Sea Coale Twelve Pence For every Tun of Oyle Three Shillings For every Tun of Wines or Brandies Five Shillings And for every Tun of all other Goods Wares and Merchandizes not before particularly expressed Two Shillings and so after the same Rate and Proportion for every greater or lesser Quantities of all and singuler the aforesaid Goods Wares Merchandizes and Things and that the said Su[m]m and Su[m]ms of Money so to be paid as aforesaid shall be paid before the said Goods Wares and Merchandizes shall be landed and delivered out of or laden into any Shipp Hoy [Lighter (fn. 3) ] Boat or other Vessell by the Merchant Owner or Proprietor of such Goods Wares and Merchandizes respectively for the Intents and to the Uses aforesaid.

II. Monies to be paid to Collectors, and by them to Persons appointed by the Corporation for the Purposes of Act.

And be it further enacted by the Authority aforesaid That all and every such Su[m]m and Su[m]ms of Money so to be paid and collected as aforesaid shall be paid to such Collector and Collectors upon reasonable Demand and shall be by such Collector and Collectors from time to time paid over into the Hands of such Person or Persons as shall be appointed by the Mayor Aldermen Assistants and Co[m]mon Council of the said Towne or Borough in Co[m]mon Council assembled or the Major Part of them to be the General Receiver or Receivers of the same to and for the Uses Intents and Purposes aforesaid.

III. On Failure of Payment, Collectors on Landing, & c. of Goods, may distrain the same for the Amount of Duty and Costs.

If Money for which Distress made not paid within Ten Days, Goods distrained may be sold and Overplus, if any, to Owner.

And be it further enacted by the Authority aforesaid That in case of failure of Paym[en]t. of the said Duties Su[m]m and Su[m]ms of Money aforesaid or any Part thereof in manner aforesaid it shall and may be lawfull to and for such Collector and Collectors so soon as such Goods Wares Merchandizes and Things liable to the Payment thereof as aforesaid shall be landed or delivered out of or otherwise laden into any Shipp Hoy Lighter Boat or other Vessell from time to time to distraine take and carry away so much and such reasonable Part and Parts of the same Goods Wares Merchandizes and Things above named liable to the Payment thereof as may reasonably seem fitt & convenient and be of as great or greater worth and value to answer and satisfie all and every such Su[m]m and Su[m]ms of Money as are before expressed and appointed to be paid for the same in Manner and Forme aforesaid together with such reasonable Costs and Charges as such Collector or Collectors may be putt unto by reason of such distraining and the same Distresse to keepe and detaine until such time and times as the said several Su[m]m or Su[m]ms of Money shall be satisfied and paid according to the Intent and true Meaning herein before specified and declared and in case the said several Su[m]m or Su[m]ms of Money for which such Distresse or Distresses shall be so taken or any part thereof shall not be duely paid within Ten days after such Distresse taken it shall and may be lawfull to and for such Collector and Collectors so distraining to appraise and sell the same Goods Wares and Merchandizes so distrained rendring to the Owners thereof or to their Agents or leaveing with the Master of such Vessell from out of or into which such Goods or Things shall have been laden or unladen the Overplus (if any there be) reasonable Charges being allowed out of the same unto such Collector or Collectors for the taking keeping & selling the same.

IV.

Mayor, & c. may assign the Places that are to be enlarged, & c. and Ground to be dug for the Purposes of this Act; Breadth allowed of Ground assigned.

And be it further enacted by the Authority aforesaid That in order to the making the said Channel and River more conveniently navigable and passable for Shipps & Vessells from Wivenhoe upp to the New-Hithe aforesaid it shall and may be lawfull to and for the said Mayor and Aldermen or major part of them their Assignee or Assignees att any time or times on or before the Five and twentieth day of December One thousand six hundred ninety eight to designe assigne and lay out where and in what Places such Chanel or River shall be had made enlarged opened and continued between Wivenhoe and the New-Hithe as shall appeare to them to be most convenient and practicable and what Pieces Points or Parcells of Land or Ground lying between Wivenhoe and New-Hithe aforesaid are fitt and necessary to be appointed cutt digged and laid out for the making or enlargeing such Channel for the better and freer Current of the said River there and for the more easie and clear Passage of Shipps and Vessells from Wivenhoe to New Hithe aforesaid as to them their Deputies and Workmen with the Allowance of the Co[m]missioners hereafter menc[i]oned or any Five of them shall seem meet and necessary for that purpose so as such Land or Ground so to be assigned or laid out shall not exceed the Breadth of One hundred Foot in any Place or Places.

V. Mayor, & c. may cut and dig Land assigned;

and may make Trenches, & c.; and may remove Gravel, & c.; and may lay the Earth, & c, when digged, on the Sides of the Banks; and are to have free Passage for the Purposes aforesaid.

And be it further enacted by the Authority aforesaid That it shall and may be lawfull for the Mayor and Co[m]monalty their Assignees and Workmen to cutt and digg all the said Land and Ground so to be assigned laid out used and imployed for such Channel of the said River not exceeding One hundred Foot in Breadth and to make new or larger all such Cutts Trenches or Passages for Water in upon or through such Land or Ground as they shall [think (fn. 4) ] fitt or necessary for the better effecting [and (fn. 5) ] carrying on the said Undertaking being the Ground or Soyle of any Person or Persons whatsoever between Wivenhoe aforesaid and the New Hithe and to remove and take away all Gravel Beds of Ouze or any other Thing or Impediment which may hinder the Navigation or Free Passage for any Shipp or Vessell comeing or to come from Wivenhoe aforesaid unto the said New Hithe and preserve the same and to lay the Earthe Soil & Stuff there or thence digged or to be digged or taken out on any or either side of the Bank or Ground next such Channel made or to be made opened enlarged or cleansed as shall be most meet for that purpose and to have free Passage in all convenient Places and att all convenient times for making cutting digging cleansing scouring opening deepning enlargeing or amending the same as aforesaid or the Banks thereof from time to time and to doe all other necessary Matters and Things for the better carrying on and effecting the said Undertaking.

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 [thereby (fn. 4) ] 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 [to (fn. 4) ] 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 [in as good Condition (fn. 4) ] 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.

VII. Mayor, &c. not repairing such Damage,; Double Damages and Costs.

[Provided alsoe and be it enacted That if the said Mayor and Co[m]monalty shall not repaire and make good the said Premisses so impaired cutt or damnified as aforesaid that then in Default thereof the said Mayor and Co[m]monalty shall be liable to answer double Damages besides Costs of Suit to the Owner or Proprietor of any such Lands or P[re]misses so impaired cutt or damnified to be recovered by Action of Trespasse or upon the Case in any of His Majesties Courts of Record att Westminster wherein no Protection or Priviledge or more than one Imparlance shall be allowed. (fn. 6) ]

VIII. Mayor, &c. to make Compensation to Owners of Land through which Channel made.; Five Commissioners may settle the same.

Persons refusing, or unable from Infancy, &c., to agree to the same, Five Commissioners may issue Warrant for impannelling a Jury.; Challenge of Jurors.; Jury sworn; and may assess Compensation; And Five Commissioners may give Judgment for Sum assessed by Jury; and may examine upon Oath and settle Disputes; Such Judgments, on Notice in Writing, binding on Infants, Femes Covert, &c.; and to be made in Writing under Hand and Seal; and recorded in Sessions for Colchester; and may be inspected without Fee.; On Payment or Tender of Sums assessed and decreed,; Mayor, &c. may dig, &c. any such Points of Land; and are hereby indemnified.

Provided neverthelesse and it is hereby enacted by the Authority aforesaid That the said Mayor & Co[m]monalty shall make Satisfaction or Composition to and with the Owners Occupiers and Proprietors of such Land and Ground in or through which such Channel shall be made or enlarged And in order thereunto the Co[m]missioners hereafter named or any Five or more of them shall have full Power and Authority to mediate betweene the said Corporation and the Owners or Occupiers of such Land and Ground where such Channel is or shall be designed enlarged opened made or laid out or who may or shall receive or sustaine any Losse or Damage thereby and to settle and proportion what Satisfaction or Recompence every such Person or Persons shall have for or in respect thereof and what Share & Proportion of such Satisfaction any Tenant or other Person having any particular Estate Terme or Interest in the said Premisses shall have or receive for the same And in case any Person or Persons doe or shall wilfully refuse to agree as aforesaid or through Disability by Nonage Coverture or Special Intail or other Impediments cannot that in such Case the said Co[m]missioners or any Five [or more (fn. 7) ] of them are hereby impowered and authorized from time to time to issue out their Warrant or Warrants under their Hands and Seals to the Sheriff of the County of Essex for the time being for the impannelling & returning and the said Sheriff is hereby required accordingly to impanell and returne a Jury or Juries before the said Co[m]missioners or any Five or more of them att such Time and Place as shall be therein mentioned to which Juries att the Returne of the said Precept and their Appearance the Parties shall & may have their legal Challenges and the said Jury or Juries being thereto sworne before the said Co[m]missioners (which Oaths and also Oaths to all such Person and Persons who shall be produced as Evidence concerning the said Premisses before such Co[m]missioners and the Jury the said Co[m]missioners or any Five or more of them are hereby impowered to administer) shall enquire [of (fn. 8) ] and assesse such Damages and Recompence as they shall judge fitt to be awarded or [given (fn. 9) ] to the Owners or Occupiers of any such Land or Ground or any part thereof as shall be used for or damnified by making the said Channel or River navigable for their respective Estates and Interests therein or for such Losse and Damage as they may thereby sustaine And the said Co[m]missioners or any Five or more of them shall give Judgement for such Su[m]ms so to be assessed by such Juries and shall by Examination of Witnesses upon Oath and by all other lawfull Ways and Meanes examine heare and determine all and all manner of Controversies Debates & Questions which shall happen or arise betwixt any Person or Persons touching or concerning any Matter or Thing relateing to the aforesaid Premisses or any part thereof which said [Verdicts (fn. 7) ] Judgements Sentences Decrees or other Determinations sett downe declared and pronounced by the said Comissioners or any Five or more of them and the Prices and Recompences so to be agreed and assessed (Notice in Writing being first given of their Meeting and of the Time and Place thereof to every Party concerned or being left in Writing att the Dwelling House of such Party concerned or att their usuall Place of Abode or of some Tenant or Occupier of some Land or Tenement of such Party neare the said River in case such Party cannot otherwise be found out to be served with the same) shall be binding to all Intents and Purposes against such Parties their Heires Executors Administrators & Assignes and all others claiming or to claime any Title or Interest in the said Lands or Grounds or any thing thereunto belonging or apperteyning in Possession Reversion Remainder or otherwise as well Infants Feme Coverts as others which Orders Sentences and Decrees so made or to be made shall be in Writing under the Hands and Seales of such Co[m]missioners or any Five or more of them and shall be carried into and kept amongst the Records and Writings of the Sessions of the Peace for the said Towne of Colchester by the Recorder or Towne Clerke there to which all Persons shall have liberty to resort to view and inspect the same without any Fee or Reward to be paid for such View all which shall be taken adjudged and deemed good and sufficient Evidence in any Court of Record whatsoever And that upon Payment of such Su[m]m or Su[m]ms of Money so agreed on or assessed and decreed to such Parties concerned as aforesaid or tender thereof made att his or their Dwelling House or usuall Place of Abode or if the same cannot be found att the House of some [one (fn. 7) ] Tenant or Occupier of some Land or Tenem[en]t. of such Party and if upon such tender as aforesaid they shall refuse or neglect to receive the same that then upon Payment of such Su[m]m into the Hands of such Person or Persons as the said Co[m]missioners or any Five or more of them shall appointfor the Use of such Person or Persons it shall (& not before) be lawfull to and for the said [Mayor & (fn. 7) ] Co[m]monalty their Workmen Agents & Servants to digg and cutt or cause to be digged and cutt any such Land or Points of Land or Ground as aforesaid or to do any such further Act in relation to the making the said [Channell & (fn. 7) ] River navigable and passable as aforesaid And the said Mayor and Co[m]monalty Co[m]missioners and Persons to be authorized by them in manner as aforesaid are and shall be hereby indemnified against the Heires Executors Administrators & Assignes of such Owners and Occupiers as aforesaid as if such Land and Ground had been sold or conveyed from them to the said Mayor and Co[m]monalty and their Successors by Deed Feofment Bargaine & Sale Fine & Recovery or by any of them or in any other Way of Conveyance whatsoever.

IX. Mayor, &c. may nominate and choose Collectors of Duties, who are to pay the same to Receiver General for the Use of Mayor, &c.

And be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Mayor Aldermen Assistants and Co[m]mon Council of the said Borough in Co[m]mon Council assembled or the major Part of them from time to time and att all times hereafter for and dureing the said Terme of One & twenty Yeares to nominate and choose such Person or Persons to be Collector or Collectors of every the Su[m]m and Su[m]ms of Money payable and to be paid as aforesaid as they shall think fitt all which Sums of Money such Collector and Collectors shall forthwith from time to time pay or cause to be paid into the Hands of such Receiver General for the time being for the Use of the said Mayor and Co[m]monalty and for the Intents and Purposes aforesaid and in this Act mentioned and for no other Intent or Purpose whatsoever.

X.

Mayor and Justices for the East Division of Essex to be Commissioners for taking Accounts, &c.; Five Commissioners may summon Collectors, &c. to account upon Oath, which they may administer; and may order Expenditure of Monies collected.; Collectors, &c. refusing to account or pay, imprisoned in the Common Gaol until Account and Payment.

And to the Intent that all and every the Su[m]m and Su[m]ms of Money which shall be collected and levied by virtue of this Act may be applied for and towards the cutting digging making scowring cleansing widening deepning repaireing amending and maintaining such Channel and River between Wivenhoe and the New Hithe aforesaid Be it further enacted by the Authority aforesaid That the Mayor of Colchester for the time being and the Justices of the Peace for the East Division of the said County of Essex for the time being shall be Co[m]missioners from time to time for the Purposes aforesaid and to have the Inspection and to take the Account of the Receipts and Disbursements of all such Su[m]m or Su[m]ms of Money as shall be so collected and levied dureing the Terme aforesaid which said Co[m]missioners or any Five or more of them shall and may from time to time dureing the said Terme call before them such Collector or Collectors Receiver or Receivers and all and every other Person and Persons who shall be or shall have been intrusted with the Collection Receipt Management or Imployment of any the Moneys to be collected or received in pursuance of this Act who shall and are hereby required from time to time to render unto such Co[m]missioners as aforesaid or any Five or more of them a true Account thereof in Writing and shall then make Oath of the truth thereof which said Oath the Co[m]missioners or any Five of them shall have Power to Administer and such Co[m]missioners or any Five or more of them shall and may Order and appoint all such Moneys which shall remaine due upon such Account to be laid out and expended for and towards the Uses and Purposes aforesaid as there shall be cause and in case any such Collector or Collectors Receiver and Receivers or any other Person or Persons who shall be intrusted with such Collection Receipt or Imployment of any such Moneys so to be collected or received shall refuse to give such Account in Writing or to pay the Moneys then due upon such his Account into the Hands of such Person or Persons as the said Co[m]missioners or any Five or more of them shall direct the same to be paid Itt shall and may be lawfull for them or any Five of them by Warrant under their Hands and Seales to co[m]mitt such Collector or Collectors or Person or Persons so refuseing to account or pay what shall be found due upon such Account to the Co[m]mon Goal of the said Towne there to remaine without Bail or Mainprize until hee or they shall give such Account and shall pay such Su[m]m and Su[m]ms of Money as shall be and remaine due upon such Account as aforesaid.

XI. Collectors to take Oath administered by Mayor.

And be it further enacted by the Authority aforesaid That every such Collector or Collectors Receiver and Receivers shall before his or their executing such Office take an Oath for his or their true and faithfull executing the same before the said Mayor for the time being which Oath the said Mayor is hereby authorized & required to administer.

XII.

No Goods, except Wood or Timber, to be laded or unladed, except at Wivenhoe and New Hithe; Penalty £5.

And to the Intents that the said Payments and Sums of Money may with the greater Ease Security and lesse Charge be collected and paid and His Majesty lesse lyable to be defrauded in His Duties and Customes Be it enacted by the Authority aforesaid That from and after the said First Day of May no Goods Wares and Merchandizes (except Wood or Timber) shall be laded or unladed att any Key or Wharfe in the said River or Channel but onely att Wivenhoe and the New Hithe aforesaid upon paine of forfeiting unto the said Mayor and Co[m]monalty & their Successors the Su[m]m of Five Pounds for the Uses and Purposes aforesaid for all such Goods which shall be laden or unladen att any other Private Key or Wharfe betwixt Wivenhoe & New Hithe aforesaid to be recovered by the said Mayor & Co[m]monalty by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record att Westminster together with full Costs of Suit wherein no Essoigne Protection or Wager of Law shall be allowed nor any more than one Imparlance.

XIII. Proviso for lading and unlading at or from the Wharf of Giles Sayer.

[ (fn. 10) Provided always that nothing herein contained shall be construed to prohibitt the lading or unlading, of any Goods att or from the late erected Wharfe of Giles Sayer in the Parish of S^t. Giles in Colchester but that the same be and continue subject to the Laws now in being in like Manner as if this Act had never been made or provided] [ (fn. 11) except as to the Duties by this Act imposed according to the true intent and meaning thereof and such Remedy for Recovery thereof as by this Act is provided.]

XIV.

Goods laden or unladen at Wivenhoe and not going to or through Colchester or Liberties thereof, on Oath thereof, not to pay Duty.; Such Oath to be made before any Officer of the Customs, having Power to administer an Oath.

Provided always and it is hereby declared That all such Goods Wares and Merchandizes which shall be att any time unloaden out of any Shipp or Vessell att Wivenhoe aforesaid and shall not goe or be afterwards brought or carried unto or through the said Towne of Colchester or unto or through the same Place or Places within the Liberties Precincts or Jurisdictions of the said Towne or Corporation of Colchester or which shall be laden or be putt on Board any Shipp or Vessell at Wivenhoe aforesaid and shall not first come or be carried or brought from or through the Towne of Colchester aforesaid or from or through any Place or Places within the Liberties Precincts or Jurisdiction of the said Towne or Corporation of Colchester shall not be liable to the Payment of any the said Su[m]ms of Money aforesaid Oath being first made in case such Collector shall require the same that such Goods Wares and Merchandizes so to be unladen are not to be and are not designed to be brought or carried from Colchester aforesaid and that such Goods so to be loaden or putt on Board any Shipp or Vessell att Wivenhoe aforesaid did not come to or were brought from Colchester aforesaid or from or through any Place or Places within the Precincts Liberties or Jurisdictions thereof which said Oath shall be made before such Collector or any of His Majesties Custom-House Officers haveing Power in any case to administer an Oath which Oath the said Collector or such Custome House Officer is hereby authorized and required to administer Any thing herein before to the contrary notwithstanding.

XV.

Mayor, &c., with Consent of Five Commissioners, may mortgage Duties, for Money on Interest, at £6 per Cent. per Ann., to be applied in the said Work.

And forasmuch as the Moneys so to be collected and paid as aforesaid cannot raise any present Stock of Money sufficient for the purposes aforesaid and the carrying on and defraying the Charges thereof Be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Mayor and Co[m]monalty by Indenture under their Co[m]mon Seale and by and with the Consent and Approbation of the said Co[m]missioners or any Five or more of them under their Hands and Seales att any time before or after to be had unto the same to engage the Profitts and Su[m]ms of Money ariseing or to arise by the means aforesaid for the carrying on the said Work and to grant mortgage or convey the same for any Time or Terme not exceeding the said Terme of One and twenty yeares unto any Person or Persons that shall and will upon such Security & Conveyance advance and pay into the Hands of such Receiver General any Su[m]m or Su[m]ms of Money for or towards the carrying on the said Work for the securing the Repayment thereof together with Interest not exceeding the Rate of Six Pounds per Centum per Annum which said Money so to be advanced or borrowed shall be from time to time applied for and towards the makeing and finishing the said Work as aforesaid.

XVI. If sufficient Money raised before Expiration of Term, and Monies borrowed, together with Interest, repaid, Duties to cease.

Provided always That if att any time before Expiration of the said Terme of One and twenty yeares sufficient Moneys shall be raised by virtue of this Act for the Uses Intents and Purposes aforesaid and shall be so adjudged by the said Co[m]missioners or any Five or more of them that then from & after such Adjudication made and after Repayment made of such Moneys as shall have been so borrowed as aforesaid together with the Interest thereof all the aforesaid Duties and Payments shall cease and determine Any thing herein contained to the contrary thereof notwithstanding.

XVII. In case of Dispute Goods to be weighed before Lading, or as soon as unladen.

If Goods weigh as much or more than Collector affirmed, the Owner to bear Cost of weighing; How recovered.

Provided also That in case any Dispute or Difference shall arise betwixt such Collector and the Owner of such Goods Wares Merchandizes and Things liable to the payment of any Duties or Su[m]ms of Money aforesaid concerning the Weight and Quantity of the same Itt shall and may be lawfull to and for such Collector to weigh or cause to be weighed all such Goods Wares Merchandizes & Things before the said Goods and Things to be laden or shipped into any Vessell shall be so laden and as soon as such Goods and Things to be so unladen as aforesaid shall be so unladen And in case such Goods Wares Merchandizes and Things shall upon such weighing appeare to be of as great or greater Weight or Quantity than such Collector did affirme and insist the same to be of before the weighing thereof whereby such and so much Moneys or more should and shall bedue and payable for the same or such Collector shall have demanded for the same before the weighing thereof the Owner of such Goods and Things so weighed shall pay and beare the Costs and Charges of such weighing thereof And in case of Refusal so to pay the same such Collector shall and may have the like Remedy for the Recovery thereof as by force of this Act hee hath or may have for the said Duty or any Su[m]m or Su[m]ms of Money payable as aforesaid.

XVIII. In Action for executing Act, General Issue may be pleaded.

Costs.

And be it further enacted by the Authority aforesaid That if any Action Suit Plaint or Information shall be co[m]menced or prosecuted against any Person or Persons for what shall be by them or any of them done in pursuance or Execution of this Act such Person or Persons so sued in any Court whatsoever shall & may plead the General Issue and thereupon give this Act and the special Matter in Evidence And if the Plaintiff or Prosecutor shall become nonsuit or forbeare Prosecution or suffer any Discontinuance or if a Verdict or Judgement upon Demurrer passe or otherwise be given against him such Person or Persons Defendant or Defendants shall have and recover their Costs in such Manner as where Costs are by Law recoverable by any Defendant.

XIX. In what Case the Earl of Kent may keep severed Land of Gravel Pit, or have the Value thereof, to be ascertained as before mentioned.

If the Earl elect to keep the said Land, and signify the same as herein mentioned, the same to vest in the Earl; Mayor, &c. to erect a Wall or Bank to prevent new Channel from overflowing the old Channel.

Provided also and it is hereby enacted by the Authority aforesaid That in case the said Mayor and Co[m]monalty their Workmen or Agents shall make a new Cutt or Channel through the said Point or Parcell of Land of the said Earle of Kent called Gravell-Pitt Land lyeing over against the Shipp Yard which was formerly in the said New Hithe in pursuance of the Power and Authority to them herein before given that it shall be att the Election of the said Earle his Heires or Assignes either to have the Value of the said Land so to be severed to be ascertained in manner and forme herein before mentioned in case the said Earle his Heires or Assignes and the said Mayor and Co[m]monalty shall not agree the same betweene themselves or to keep & retaine the said Land so to be severed And in case the said Earle his Heires or Assignes shall make his or their Election to retaine & keep the said Lands so to be severed & shall within Twelve Months next after such Severance by Writing under his or their Hands and Seales signifie the same to the Mayor of the said Borrough for the being that then the said Land so to be severed and the Right and Estate thereof shall not be vested in the said Mayor and Co[m]monalty & their Successors but remaine in the said Earle his Heires and Assignes And in such Case the said Mayor and Co[m]monalty their Workmen & Agents shall make a substantial Wall and Bank athwart and crosse the present or old Channel att both Ends thereof next the new Channel so to be made to preserve the said old Channel from the overflowing of the said new Channel which said old Channel shall be vested in and enjoyed by the said Earle his Heires and Assignes.

XX. Proviso for Rights of Fishing in the River.

Provided further That nothing in this Act shall be intended to impeache hinder alter hurt or take away, the Right or Rights of any Person or Persons Bodies Politick and Corporate of fishing in the said River but that the same shall continue and be in the same Condition as they were in before the making of this Act.