William III, 1698: An Act for the makeing and keeping navigable the Rivers of Aire and Calder in the County of Yorke. [Chapter XXV. Rot. Parl. 10 Gul. III. p. 4. n. 10]

(fn. 1) Reasons for passing this Act.

Persons herein named, empowered, at their own Costs, to make navigable the Rivers Aire and Calder, as herein mentioned; and to make Cuts through Grounds, whether belonging to the Crown or to other Persons, and to do all other Acts as herein mentioned, for the Purposes aforesaid; Liberty of Way for carrying Materials, &c; and to alter Bridges, turn Highways, set out Towing Paths, &c.; giving Satisfaction to Owners of Premises, as Commissioners shall appoint; in case the said Undertakers have not beforehand agreed.

Whereas the makeing and keeping of the Rivers of Aire and Calder in the County of Yorke navigable and passable with Barges Boats Lighters and other Vessells from a Place called Weeland scituate upon the River Aire up to the Towns of Leeds and Wakefeild in the West-Riding of the said County of Yorke will not only be a great Advancement of the Clothing Trade of the said County but likewise for a publick Good by advanceing the Trade and Commerce of Market Townes and all other Places scituate neare the said Rivers and the Increase of Watermen and the extraordinary Preservation of the High Waies Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That Caleb Askwith present Mayor of Leeds William Rooke Joshuah Ibbetson Thomas Kitchingman Henry Iveson John Dodgson William Milner John Rontree Thomas Lazenby Gent[um] Aldermen of the Corporation of Leeds Sir Lyonell Pilkington Baronet John Goodrick Robert Benson Richard Witton Esquires Theophilus Shelton Joseph Watkinson John Smith Abraham Beavers and Richard Ellis Gentlemen in and nigh the said Towne of Wakefeild their Heires and Assignes or such as they shall nominate and appoint under their Hands and Seales or under the Hands and Seales of Nine or more of them by themselves their Deputies Agents Officers Workmen and Servants shall be and are hereby impowered and authorized at their owne proper Costs and Charges to make navigable portable and passable with Barges Boats Lighters and other Vessells the said Rivers of Aire and Calder from Weeland aforesaid up to the said Townes of Leeds and Wakefeild and for that Purpose to cleanse scoure open enlarge or streighten the said Rivers of Aire and Calder or either of them and to digg or cutt the Banks of the same and likewise to cleanse scoure open or cutt and digg the Banks of any other Streame Brooke Ditch or Watercourse that shall to them seeme convenient for the better making the said Rivers or either of them navigable portable or passable for Boats Barges Lighters and other Vessells and to make new or larger Cuts Trenches or Passages for Water in upon or through the Lands or Grounds adjoyning or lying contiguous to the said Rivers or either of them as they shall thinke fit or necessary for the better carrying on and effecting the said Undertaking as alsoe for the bringing in any other Streame Brooke or Watercourse into the said Rivers or either of them being the Ground or Soyle of the Kings most Excellent Majesty His Heires and Successors or of any other Person or Persons Bodies Politick or Corporate their Heires or Successors and to remove and take away all Trees Roots Gravell Bedds or any other Impediments whatsoever which may any waies hinder Navigation either in saileing or haling of Boats Barges or Lighters with Men Horses or otherwise and to build erect set up and make upon the Lands adjoyning to the said Rivers or either of them Locks Weares Turnpikes Pens for Water Cranes. Wharfs and Warehouses where they the said Undertakers their Heires or Assignes shall think fitt and to alter repaire and amend the same as often as they shall think convenient and to make any Waies Passages or other Conveniences for the carrying or conveying of Commodities or other things from the said navigable Passage or Streames with free Liberty of Waies for carrying and conveying of all manner of Materialls for erecting the said Sluces Dams Locks and Turnpikes and at all times for the necessary Repaires of the same and to doe all other necessary Matters and Things for the better Improvement and [Convenience (fn. 2) ] of the said navigable Passage or Streames and Premisses or any part thereof either in pulling downe or demolishing all or any the Corne Mills Weares Fulling Mills or other Mills whatsoever or amending or altering any Bridges whatsoever or turning or altering any High-waies now in and upon the said Rivers or either of them as may any waies hinder the said Passage and Navigation as alsoe to make set out and appoint Towing-paths and Waies convenient for towing and drawing of Boats Barges and Lighters passing in through and upon the said Rivers or either of them the said Undertakers their Heires and Assignes first giveing Satisfaction to the Owners and Proprietors of the said Weares Corne Mills Fulling Mills and other Mills Lands and Hereditaments respectively for any Damage that may happen to such Mills Weares Corne Mills Fulling Mills and other Mills and Lands as the Commissioners herein after mentioned for that Purpose shall appoint and such Satisfaction shall be likewise given for the said Towing Paths as the said Commissioners shall in like Manner appoint (in case the said Undertakers their Heires or Assignes shall not before Hand have agreed with the Proprietors of such Weares Corne Mills Fulling Mills and other Mills Lands and Hereditaments respectively concerning the same

II. Commissioners for executing this Act appointed; with Powers to mediate between Undertakers and Owners of Premises, and settle Satisfaction for Damages, Proportions of Purchase Monies, &c.

If Owners refuse, or are unable, by legal Disability, to agree, Commissioners to issue Warrant to Sheriff to impannel and return a Jury; Returning unqualified Persons, Penalty £5; and to return Issues upon Persons impannelled; Proviso for Challenge of Jury; Jury to inquire and assess Damage upon Oath; and Commissioners to give Judgment accordingly, and by Examinations on Oath, &c.; determine all Controversies touching the said Matters; Verdict and Decree of Commissioners, or any Seven of them, on Notice, as herein mentioned, to be binding as well on Infants, &c. as others; Decree, &c. to be under Hand and Seal, and kept amongst Records of Sessions for West Riding. Transcripts delivered to Clerk of the Peace for Leeds, and kept amongst Records of Sessions and received as Evidence; Upon Payment or Tender of Sum agreed or assessed, as herein mentioned, and on Refusal, then upon Payment to Clerk of Commissioners; Undertakers may proceed; No Commissioner, interested, to sit.

And for the better effecting the Premisses and due rating the Value of the things to be compounded for by the true intent of this Act if the Persons shall not agree Be it enacted by the Authority aforesaid That the Right Honourable Arthur Lord Viscount Irwin of the Kingdom of Scotland The Right Honourable Henry Lord Downe of the Kingdom of Ireland The Right Honourable Thomas Lord Fairfax of the Kingdom of Scotland The Right Honourable Sir Henry Goodrick Knight and Baronet one of His Majesties most Honourable Privy Councill The Right Honourable Peregrine Bertie Esquire His Majesties Vice-Chamberlaine The Honourable Philip Bertye and Albemarle Bertye younger Sons of the Earl of Lindsey The Honourable Sidney Wortley Mountague Esquire The Honourable Henry Boyle Esquire The Honourable Henry Fairfax Esquire Sir John Armitage Sir John Kay Sir John Bland Sir Bryan Stapleton Sir George Cooke Sir Godfrey Copley Sir Willoughby Hickman Sir Thomas Yarbrough Sir George Tempest Sir Rowland Wynn Sir William Ramsden Sir John Wentworth Sir Francis Burdett Sir John Thorold Sir William Robinson Sir John Bolles Baronets Sir Gervase Cutler Sir Edward Aiscough Sir Abstrupus Danby Sir William Lowther Knights The Honourable Charles Dimock Arthur Ingram Charles Osborne William Wentworth William Lowther Robert Moncton Robert Byerley Richard Beaumount of Whitley Francis Nevile Walter Calverley Bryan Thornhill Densill Onslow Englebert Leeds William Wombwell John Bright John Savill senior John Savill junior William Ellis senior William Ellis junior Henry Hitch Francis Nevile junior John Ramsden John Auby Robert Franke Robert Lowther of Ackworth Godfrey Copley Nicholas Fenny William Horton John Ferrars Christopher Adams Thomas Thornhill Thomas Fawkes senior Richard Ashton Vincent Grantham George Davenport John Stanhop of Melwood William Marwood George Whitchcott John Metcalfe Jonathan Jennings Ambrose Pudsey Christopher Stockdale John Ayslaby Tobias Harvey Edward Mondy and John Booth Esquires John Dyneley Robert Hitch Godfrey Lawson Richard Richardson Robert Long of Boston and William Long of Barton Gentlemen shall be and are hereby constituted and made Commissioners for putting this present Act in Execution and they or any Seaven of them are hereby impowered and authorized and shall have full Power and Authority to mediate betweene the said Undertakers their Heires and Assignes and the Owners or Occupiers of such Lands Tenements and Hereditaments Wears or Mills lying in or neare the said Rivers as shall be intended to be used for makeing the said Rivers or either of them Navigable or for the bringing in any other Streame Brooke or Watercourse into the same or who may or shall receive or sustaine any Losse or Damage thereby and settle and proportion what Satisfaction every such Persons Bodies Politick or Corporate shall have for or in respect of the Losse thereby to be by him her or them received or sustained and to settle and Proportion what Share and Proportion of such Purchase Money any Tenant or any other Person haveing a particular Estate Terme or Interest in any of the Premisses shall have or receive for his her or their respective Interest and if there shall be any Persons Bodies Politick or Corporate that shall wilfully refuse to deale or agree as aforesaid or through any disability by Nonage Coverture or Special Tayle or other Impediment cannot that in such Case the said Commissioners or any Seaven of them are hereby authorized to issue out a Warrant or Warrants to the Sheriff of the County of Yorke who is hereby required accordingly to impannell and returne before the said Commissioners or any Seaven of them a Jury of able and sufficient Men qualified according to the Laws and Statutes of this Realme to be returned for Tryalls of Issues joyned in His Majesties Courts at Westminster upon paine to forfeite for every Person being returned in any such Pannell that shall not be qualified as aforesaid the Sum of Five Pounds to His Majesty His Heires and Successors and shall likewise returne in Issues upon every Person soe impannelled and returned upon any such Warrant at the least Twenty Shillings which shall be duely estreated and levied to which Jury at the Returne of the said Precept and Appearance of the said Jury aswell the Parties as the said Undertakers their Heires or Assignes are to have their legall Challenges which Jury upon their Oaths to be administred by the said Commissioners (which Oath as alsoe Oaths to such Person or Persons as shall be examined before such Commissioners or any Seaven of them are hereby impowered to administer) shall inquire and assesse such Damages and Recompences as they shall [ad (fn. 3) ] judge fit to be awarded to the Owners and Occupiers of any such Lands or Tenements Wears or Mills or any Part thereof as shall be used for or damnified by makeing the said Rivers Navigable for their respective Estates and Interests therein or such Losse or Damage as they may thereby sustaine and the said Commissioners or any Seaven of them shall give Judgment for such Sums soe to be assessed by such Juries and shall by Examination of Witnesses upon Oath and by all other lawfull Waiès and Meanes examine heare and determine all and all manner of Debates Controversies and Questions which shall happen and arise betweene any Persons whatsoever touching or concerning any Matter or thing relating to the aforesaid Premisses or any Part thereof which said Verdict Judgment and other Sentence Decree and Determination sett downe declared or pronounced by the said Commissioners or any Seaven of them and the Price and Recompence soe to be agreed and assessed (Notice in Writing being first given of their Meeting at least Twenty Daies before declaring the Time and Place of their Meeting to every Party concerned or to be left in Writing at the Dwelling House of such Party concerned or at their usuall Place of Abode or of some Tenant or Occupier of some Land or Tenement of such Party neare the said Rivers (in case such Party cannot otherwise be found out to be served with such Notice) shall be binding to all Intents and Purposes against the said Parties their Heires Executors Administrators or Assignes and all others claiming any Title or Interest in the said Lands or Tenements Wears or Mills or any thing thereunto belonging or appertaining in Possession Reversion Remainder or otherwise aswell Infants Feme Coverts as others and their respective Heires Executors and Administrators and all claiming by from or under him her or them or any of them which Orders Sentence and Decrees soe made shall be set downe in Writing under the Hands and Seales of the said Commissioners or any Seaven of them the same to be kept amongst the Records and Writings of the Sessions of the Peace for the West-Riding of the County of Yorke by the Clerke of the Peace for the time being of the said Riding Transcripts whereof shall be delivered to the Clerke of the Peace for the time being of the said Towne and Borough of Leeds to be by him kept upon Record amongst the Records of the Sessions of the Peace for the said Towne and Borough all which shall be taken adjudged and deemed good and sufficient Evidence and Proofe in any Court of Law or Equity whatsoever And that upon Payment of such Sum or Sums soe agreed on or assessed to the Parties concerned or Tender thereof made at his her or their Dwelling House and if they have no such Dwelling House then at the House of some Tenant or Occupier of some Land or Tenement of such Party and if upon such Tender as aforesaid they refuse or are not ready to receive the same. That then upon Payment of such Sum into the Hands of the Commissioners Clerke for the Use of such Persons it shall then and not before be lawfull to and for the said Undertakers their Heires and Assignes and their Workmen and Servants to dig and make or cause to be dug and made the said Rivers or either of them navigable or doe any such other Act in relation thereto for which any Agreement or Order shall be made as aforesaid and this Act shall be sufficient to indempnifie the said Commissioners and the said Undertakers and all Persons authorized by them against the said Owners or Occupiers their Heires Executors Administrators or Assignes as if the same had been sold by Deed Feofment Bargaine and Sale or other Assurance in the Law and done by Fine and Recovery or any other way whatsoever Provided alwaies that no Commissioner or Commissioners shall sit or act in any Case where he or they are any waies interested or concerned.

III. Upon Death, or Refusal of Commissioner to act, Regulations for nominating and appointing others in their Stead.

Qualifications of Commissioners; New Commissioners to have like Power.

And be it further enacted by the Authority aforesaid That for supplying the Number of the said Commissioners in Case of Death or any of their Refusall to Act the surviving or other Commissioners or any Eleaven of them shall from time to time by Instrument in Writing under their respective Hands and Seales to be recorded by the Clerke (who from time to time shall be appointed by the said Commissioners to attend upon them) nominate and appoint some other Person or Persons within the said County of Yorke haveing an Estate in Land of the yearely Value of Two hundred Pounds at the least or a Personall Estate of the Value of Four thousand Pounds at the least in the Place of him or them soe dying or refusing to Act which said new Commissioner or Commissioners soe nominated and appointed shall from thenceforth have like Power and Authority in all things relating to the said Navigation and Matters aforesaid as if expresly named in this Act.

IV. Undertakers impowered to take Tolls on Goods carried up and down the said Rivers, as herein mentioned.

Goods between Weeland, Leeds, and Wakefield.; On Neglect or Refusal to pay such Tolls, Undertakers may sue or detain Goods.

And be [it (fn. 4) ] alsoe hereby further enacted That for and in consideration of the great Charges and Expences which the said Undertakers their Heires or Assignes will be at not only in makeing the said Rivers navigable as aforesaid but alsoe in the repairing and keeping the said Rivers and other the matters and things aforesaid navigable and usefull for the said Navigation it shall and may be lawfull to and for the said Undertakers their Heires Executors Administrators and Assignes and no others from time to time and at all times hereafter to aske demand recover and take from all and every Person and Persons that shall send downe or receive up any Packs or Trusses of Cloth or other Merchandizes Wares or Commodities whatsoever that shall be carried or conveyed up or downe the said Rivers or either of them the Rates and Tolls hereafter mentioned and at such Place or Places adjoyning to the said Rivers or either of them as the said Undertakers their Heires or Assignes shall think fit videlicet For every Tun Weight of Cloth or other Goods Wares Commodities or Merchandizes that shall be carried or conveyed in any Boat Barge or Vessell up the said Rivers or either of them from Weeland aforesaid to the Townes of Leeds and Wakefeild or either of them or downe the said Rivers or either of them from either of the said Townes of Leeds and Wakefeild to Weeland aforesaid from the First Day of May in every Yeare to the First Day of October any Sum not exceeding Ten Shillings and from the First Day of October in every Yeare to the First Day of May any Sum not exceeding Sixteene Shillings and so proportionably for any greater or lesser Weight or for a lesse distance of Place to or from which any Goods Wares or Merchandizes shall be carried or conveyed in any Boat Barge or Vessell upon part of the said Rivers only or either of them betweene Leeds or Wakefeild and Weeland aforesaid And in case of Refusall Neglect or Deniall of Payment on Demand of the severall Rates or Prices above mentioned the said Undertakers their Heires and Assignes or such other Persons or Persons whom they shall nominate and appoint respectively their respective Heires Executors Administrators and Assignes shall or may sue for the same by Action of Debt or upon the Case in any Court of Record or detaine or make Stay of any Goods or Vessells from which the said Rates or Prices ought to be paid untill they shall be satisfied and paid the same.

V.

Watermen, &c. may set up Winches, &c. to draw up Barges, &c.

And for that the Barges Boats Lighters or other Vessells must of necessity in some Places and at some times be haled up by the Strength of Men Horses Engines or other meanes in that behalfe convenient Be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for Watermen Boatmen Bargemen and other helpers of them in convenient Places to have and sett up Winches and other Engines and with the same by Strength of Men Horses and other Beasts or any of them going upon the Land or Banks neare the said Rivers in convenient manner without the Hindrance Trouble or Impeachment of any Person or Persons to draw or hale up the Barges Boats Lighters and other Vessells.

VI. Bargemasters, &c. made answerable for Damage done by the Crews of their Barges, &c.; and may be sued, &c.

And for the preventing of Damages and Mischiefs that may be done and committed by the rude and disorderly Persons rowing and manageing the said Boats or Barges and that the Owners and Masters of the said Barges or Boats may be more carefull to prevent the same Be it enacted by the Authority aforesaid That every Barge or Boatmaster shall be and is hereby made answerable and responsible for any Damage or Mischiefe that shall be done by his Barge or Boat or the whole or any of the Crew of his Barge or Boatmen to any of the Wears Locks Dams and other Engines in and upon the said Rivers or for any Trespass or Damage done to the Owner or Possessor of any Lands or Tenements near adjoyning to the said Rivers otherwise than is provided for by this Act and the said Barge or Boatmaster or Owner thereof shall and may be sued and prosecuted for the same and if found Guilty the Plaintiff shall not only recover the Damages thereby sustained but full Costs of Suit.

VII. The said Commissioners to have the sole Survey of the said Rivers, &c. and to make such Orders in respect thereof, as herein mentioned.

Not subject to Commissioners or Commission of Sewers.

And be it further enacted That the said Commissioners or soe many of them as have Power to act shall (for the better cleansing of the said Rivers and removing all Impediments and Annoyances in the same) have the sole Rule Power and Authority to survey the said Rivers and all Mills Banks Weares and Floodgates upon the same and to make like Processe to inquire thereof and to make such Orders and Decrees for altering amending abating or removing the same and for keeping the said Rivers open and portable for Boats Barges and other Vessells as any Commissioners of Sewers by any Law Statute or Commission of Sewers are enabled to doe in any other Rivers or Places and shall not be under the Survey or Orders of any Commissioners of Sewers nor subject to a Commission of Sewers or any Law or Statute made for Sewers Any Law or Statute to the contrary in any wise notwithstanding Neverthelesse the said Undertakers their Heires and Assignes are to be at the sole Charge of cleansing opening and scouring of the said Rivers.

VIII. In Actions for executing Act,

General Issue may be pleaded; Costs.

And be it further enacted by the Authority aforesaid That if any Action Suite or Information shall be commenced or prosecuted against any Persons or Persons for any thing that he or they shall doe or cause to be done in pursuance or in Execution of this Act such Person or Persons so sued in any Court whatsoever shall and may plead the Generall Issue of not Guilty and upon any Issue joyned may give this Act and the speciall matter in Evidence And if in any such Suit the Plaintiff or Prosecutor shall become Nonsuit or forbeare Prosecution or suffer a Discontinuance or if a Verdict shall passe against him or Judgment be given against him upon a Demurrer then in any of the said Cases the Defendant or Defendants shall recover full Costs for which he and they shall have the like Remedy And this Act shall be taken and allowed in all Courts within this Kingdom as a publick Act and all Judges and Justices are hereby required as such to take Notice thereof without Speciall Pleading the same.

IX. Undertakers to Purchase such Mills and Wears as they may want, at Prices limited by Commissioners, if they and the Owners cannot agree.

And be it further enacted by the Authority aforesaid That [if (fn. 5) ] the said Undertakers their Heires and Assignes shall be and are hereby obliged to purchase such Mills and Weares as they shall have occasion to pull downe for making the said Rivers or either of them navigable at such Rates and Prices as shall be by the said Commissioners or any Seaven of them limited and appointed by such Waies and Meanes as abovesaid in case the said Undertakers their Heires or Assignes and the Owners and Proprietors of such Mills and Wears shall not agree about the same and shall likewise from time to time make Satisfaction to be ascertained in such manner as is above limitted and declared to the Owners and Occupiers of such Mills and Wears standing in or neare the said Rivers as the said Undertakers their Heires and Assignes shall not have occasion or think fit to pull downe for such Damage as the Owner or Occupiers thereof shall or may at any time or times sustaine or receive by reason of the makeing or continueing of the said Rivers navigable.

X. If, by the Acts of the Undertakers, the Waters of the Rivers are raised so as to overflow adjacent Lands, they are, at their own Costs, to raise &c. the Banks as the Commissioners shall direct.

Notice of Meeting for that Purpose to be given; and also keep such Banks in Repair.

And be it further enacted by the Authority aforesaid That if the said Undertakers their Heires or Assignes or any of them shall in pursuance of the Powers by this Act given or given or any of them by makeing or raiseing any Wear or Dam or otherwaies raise the Course of the Waters in the said Rivers or either of them above their ancient or usuall Height whereby the adjacent Lands or Possessions may be more lyable to be overflowed or damaged than they have anciently and usually been That then the said Undertakers their Heires or Assignes at their owne proper Costs and Charges shall cause the Banks of the said Rivers or either of them to be proportionably raised and strengthened in such Places and in such Manner and Proportion as the said Commissioners or any Seaven of them shall think fit and appoint (Notice in Writing being first given of their Meeting for that Purpose at least Twenty Daies before to every Party concerned in such Manner and Forme as is above directed and appointed) so that the new Banks shall be as able and sufficient to containe the Waters at such their raised Height as the old Banks were to containe the Waters at their ancient and usuall Height and alsoe shall from time to time maintaine and repaire the said Banks as often as Occasion shall require Any thing herein contained to the contrary in any wise notwithstanding.

XI. Saving for Pontefract, and General Saving of Rights upon the said Rivers.

Saving alwaies and reserving unto the Corporation of Pontefract in the said County of York and to all other Person or Persons and their respective Heires Successors and Assignes all Royalties and Rights and Tolls and Liberties and Priviledges of Fishing and other Dues and Duties in or upon the said Rivers or either of them which they or any of them respectively have had or enjoyed and of Right ought to have enjoy or use in or upon the said Rivers or either of them by vertue of any Grant or Grants Prescriptions or Usage or any other lawfull Waies or Meanes whatsoever before the makeing this present Act of Parliament And that they respectively and their respective Heires Successors and Assignes shall and may have and enjoy the same Royalties and Rights and Tolls and Liberties and Priviledges and other Dues and Duties as aforesaid in and upon the said Rivers or either of them as fully freely and beneficially to all Intents and Purposes and by the same lawfull Waies and Meanes as they or any of them respectively might or ought to have done before the makeing of this Act Any thing in this present Act to the Contrary thereof in any wise notwithstanding.

XII. No Power to Undertakers or Commissioners; to pull down Nottingley Mill Dam, or to make new Cuts between the said Dam and the River Ouze; (Exception) &c.

And to the end that the makeing the said Rivers navigable portable and passable for Boates Barges and Lighters may not be prejudiciall to the Navigation on the River Ouze by diverting the Tide flowing up the same or drawing more of the Tide Water from thence into the River of Aire then hath usually flowed up the same Be it enacted by the Authority aforesaid That nothing in this present Act contained shall give Power or Authority to the said Undertakers their Heires or Assignes or to the said Commissioners to pull downe or demolish Knottingley Mill Dam standing upon the said River of Aire or to make any new Cutts or Passages for Water through or upon the firme Ground between Knottingley Dam aforesaid and the River of Ouze (otherwise than for the makeing or erecting of One or more Lock or Locks) or to doe any other Matter or Thing to divert the Streame of the said River of Aire out of its present Course or Channell betweene Knottingley Dam aforesaid and the said River of Ouze or to draw more of the Tide-water from thence into the said River of Aire than hath usually flowed up the same Any thing herein contained to the contrary thereof in any wise notwithstanding

XIII. Nor to make new Cuts or Locks between Weeland and the River Ouze.

Provided alsoe That nothing in this Act contained shall give Power or Authority to the said Undertakers their Heires or Assignes to make any new Cutt or Cutts Lock or Locks upon the said River Aire between Weeland and the River of Ouze Any thing herein contained to the contrary hereof in any wise notwithstanding

XIV. Proviso for an ancient Toll of 4d. and an ancient Toll of 2d. to Corporation of Pontefract

Provided alwaies That nothing in this Act contained shall abridge or prejudice the Mayor Aldermen and Burgesses of Pontefract for the time being and their Successors in claiming demanding or receiving an ancient Toll of Four Pence for every Vessell or Boat having a Cock-Boat with it passing upon any Part of the River Aire between Temple-Hurst and Knottingley-Mills and an ancient Toll of Two Pence for every other Vessell or Boate not haveing a Cock-Boat with it passing upon any Part of the River Aire between Temple-Hurst and Knottingley Mills aforesaid but that it shall and may be lawfull to and for the said Mayor Aldermen and Burgesses of Pontefract for the time being and their Successors to claime demand or receive the said ancient Tolls in the same Manner and Forme as they might have done before the makeing of this Act of Parliament and not otherwise Any thing herein contained to the contrary thereof in any wise notwithstanding.

XV. Proviso for Boats of Knottingley, and other Places herein mentioned, laden with Lime, passing Duty free.

Provided alwaies and be it enacted by the Authority aforesaid That no Boat or Barge belonging to the Towne of Knottingley or any other Towne or Place scituate lying or being on the Banks of the River Aire between the said Towne of Knottingley and the Place where the Aire falls into the River Ouze laden with Lime only shall be subject or lyable to any Duty for passing through any Locks or Weares to be erected by the Authority of this. Act below Knottingley Mill Dam scituate upon the said River of Aire to which Place the said River is navigable.

XVI. First General Meeting of Commissioners at Pontefract.

And be it enacted by the Authority aforesaid That the first Generall Meeting of the Commissioners appointed to put this Act in Execution shall be at the Towne of Pontefract in the said County of York.