{ "url": "https://openlegislation.uk/navigation-colchester-to-wivenhoe-act-1697/section-VIII", "json_url": "https://openlegislation.uk/navigation-colchester-to-wivenhoe-act-1697/section-VIII.json", "legislation": "aep/Will3/9/19", "legislation_title": "Navigation (Colchester to Wivenhoe) Act 1697", "legislation_url": "https://openlegislation.uk/navigation-colchester-to-wivenhoe-act-1697", "path": "section/VIII", "kind": "section", "number": "VIII", "heading": "Mayor, &c. to make Compensation to Owners of Land through which Channel made.; Five Commissioners may settle the same.", "text": "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.\nProvided 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 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 and assesse such Damages and Recompence as they shall judge fitt to be awarded or given 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 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 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 & 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 & 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.", "extent": null, "status": null, "version": "current", "annotations": [ { "type": "X", "label": "X1", "text": "interlined on the Roll." }, { "type": "X", "label": "X2", "text": "Variant reading of the text noted in The Statutes of the Realm as follows: off O. [O. refers to a collection in the library of Trinity College, Cambridge]" }, { "type": "X", "label": "X3", "text": "Variant reading of the text noted in The Statutes of the Realm as follows: giveing O. [O. refers to a collection in the library of Trinity College, Cambridge]" } ], "outstanding_effects": [], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/aep/Will3/9/19/section/VIII", "retrieved_at": "2026-10-28T20:22:54.773258+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }