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<DATE>2014-04-28</DATE>
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<NAME>TCP Staff (Michigan)</NAME>
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<ITEM>Proofed and reviewed as part of batch B140218.pdcc.</ITEM>
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<IDG S="marc" R="UM" ID="B18739">
<STC T="W">C1202</STC>
<BIBNO T="umi">99825003</BIBNO>
<VID>206661</VID>
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<TEXT LANG="eng">
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<DIV1 TYPE="text">
<PB REF="1" MS="y">
<HEAD>A <HI>CASE,</HI> Relating to the making Navigable the River <HI>DEE</HI> in the Counties of <HI>Che&s;ter</HI> and <HI>Flint.</HI></HEAD>
<P>THAT the River <HI>Dee</HI> anciently was Navigable to the City of <HI>Che&s;ter,</HI> but at pre&s;ent Ships can come no further than <HI>Ne&s;&s;on,</HI> eight Miles below the &s;aid City: The Citizens of the &s;aid City of <HI>Che&s;ter</HI> having lo&s;t a great part of their Trade and Commerce, by rea&s;on of the River's being rack'd up, were de&s;irous to regain their Trade, and many other Advantages they had lo&s;t, thereupon applied them&s;elves to <HI>Francis Gell</HI> of <HI>London,</HI> Merchant, to re&s;tore the Navigation of the &s;aid River, not knowing any other means to effect the &s;ame.</P>
<P>Therefore a Common A&s;&s;embly was called, and by the &s;ame an Agreement was made with the &s;aid <HI>Francis Gell</HI> very advantageous for the &s;aid City of <HI>Che&s;ter,</HI> which &s;aid Agreement bears Date the 21th Day of <HI>October,</HI> 1698. to Effect following, <HI>(Viz.)</HI></P>
<P N="1">1. That Commi&s;&s;ioners be named of the be&s;t Quality in the Counties of <HI>Che&s;ter</HI> and <HI>Flint,</HI> and City of <HI>Che&s;ter,</HI> to &s;et out the Bounds of the Sands and Soil not bearing Gra&s;s, next adjoining to the &s;aid River from the Key near <HI>Ne&s;&s;on,</HI> and from <HI>Flint</HI> Ca&s;tle to the New Tower of the City of <HI>Che&s;ter.</HI></P>
<P N="2">2. That Mr. <HI>Gell</HI> be Impowered to make the &s;aid River Navigable for Ships of 100 Tuns at all Tides, by Channels and Trenches as &s;hall be thought convenient.</P>
<P N="3">3. That Mr. <HI>Gell</HI> and his Heirs may Enclo&s;e and Improve the Sands and Soil, and al&s;o receive for every Barrel of Coal that is brought and u&s;ed in <HI>Che&s;ter,</HI> three Half-pence; and every Barrel of Lime, brought, burnt, or made there, Two Pence.</P>
<P N="4">4. That the Sands and Soil, and Duties on Coal and Lime, be ve&s;ted in Mr. <HI>Gell</HI> and his Heirs, for to make the River Navigable, and continuing it &s;o for ever, the Surplus to Mr. <HI>Gell</HI> and his Heirs.</P>
<P N="5">5. That the Duties may not be mi&s;applied, the Mayor and Citizens &s;hall have Power until the River be made Navigable, to call all Receivers or Agents to Account, and to Peru&s;e their Books, and to Examine them upon Oath, and if Mr. <HI>Gell,</HI> his Heirs, <HI>&amp;c.</HI> or their Agents and Collectors, &s;hall not have disbur&s;ed from the beginning for every 100 <HI>l.</HI> received by the &s;aid Duties, the further Sum of 300 <HI>l.</HI> above the &s;aid 100 <HI>l.</HI> or if the River &s;hall not be made Navigable in Ten years from <HI>March,</HI> 1699. That then the E&s;tate and Intere&s;t of Mr. <HI>Gell</HI> to the &s;aid Duties, and Sands and Soil, &s;hall cea&s;e to him, his Heirs and A&s;&s;igns, and be ve&s;ted in the Mayor and Citizens, and they to a|gree with any other fit Per&s;on to carry on the Navigation, and they to be Entituled to the Duties, and Sands, and Soil. No Collector to be employed to receive the Duties, but fir&s;t to give Secu|rity to be Approved by the Mayor and Citizens.</P>
<P N="6">6. That the Commi&s;&s;ioners &s;hall have Power to &s;et out convenient Roads and Highways over any Lands to be Enclo&s;ed; and if Occa&s;ion &s;hall require, to appoint a Place for a Free Ferry for the Publick Service.</P>
<P N="7">7. It was further Agreed in order to obtain an Act of Parliament, That Mr. <HI>Gell</HI> in a Month af|ter the Act &s;hall be pa&s;&s;ed, do Advance and Depo&s;ite 2000 <HI>l.</HI> into the Hands of Two &s;ufficient Citi|zens, in Tru&s;t to be laid out with the Duties in the &s;aid Undertaking, and &s;o forwards to advance the like Sums, until the Undertaking be perfected, and if any thing remain in Bank, to return it to Mr. <HI>Gell</HI> and his Heirs.</P>
<P N="8">8. A<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">d it was Agreed, That a Petition from the Mayor and Citizens to the Honourable Hou&s;e of Commons be prepared, and the Common Seal affixed to it, and a Bill to be brought to be pa&s;s'd into an Act to make the River Navigable, pur&s;uant to the Propo&s;als and Agreement.</P>
<P>That the Citizens of the &s;aid City being &s;o fully &s;atisfied of the Advantage they were to reap by the &s;aid Agreement, at the &s;ame time affixed the Common-Seal of the &s;aid City to a Petition (which is not yet pre&s;ented) thereby humbly praying the Honourable Hou&s;e of Commons, that leave might be given to bring in a Bill for the Navigating the &s;aid River <HI>Dee.</HI></P>
<P>That altho' by the &s;aid Agreement, Mr. <HI>Gell</HI> is not obliged to Pay the &s;aid 2000 <HI>l.</HI> till a Month af|ter the Act is pa&s;s'd, yet the &s;aid Mr. <HI>Gell</HI> to demon&s;trate his &s;incerity for performing his Part, and Encouraging the &s;aid Work, is ready to depo&s;ite the &s;aid 2000 <HI>l.</HI> into the Hands of &s;uch Per&s;on or Per&s;ons as the &s;aid City &s;hall direct and appoint.</P>
<P><HI>Note,</HI> That there is a Petition to the Honourable Hou&s;e, Signed by the Majority both in Number and Quality of the Citizens of the &s;aid City of <HI>Che&s;ter,</HI> be&s;ides that of the A&s;&s;embly under the Com|mon-Seal, as afore&s;aid, for making the &s;aid River <HI>Dee</HI> Navigable, pur&s;uant to the &s;aid Agreement with Mr. <HI>Gell:</HI> And to the &s;ame Purpo&s;e there are Petitions from mo&s;t of the Freeholders and chief Inhabitants of the Towns and Villages adjoining to both &s;ides of the River <HI>Dee,</HI> and the Country ad|jacent.</P>
<P><HI>Therefore it is Humbly Prayed, That a Bill may be brought into this Honourable Hou&s;e, to make the &s;aid River</HI> Dee <HI>Navigable, pur&s;uant to the &s;aid Agree|ment.</HI></P>
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