A CASE, Relating to the making Navigable the River d'ye in the Counties of Chester and Flint.  
THAT the River d'ye anciently was Navigable to the City of Chester, but at present Ships can come no further than Nesson, eight Miles below the said City: The Citizens of the said City of Chester having lost a great part of their Trade and Commerce, by reason of the River's being racked up, were desirous to regain their Trade, and many other Advantages they had lost, thereupon applied themselves to Francis Gell of London, Merchant, to restore the Navigation of the said River, not knowing any other means to effect the same.  
Therefore a Common Assembly was called, and by the same an Agreement was made with the said Francis Gell very advantageous for the said City of Chester, which said Agreement bears Date the 21th Day of October, 1698. to Effect following, ( Viz.)  
1. That Commissioners be name of the best Quality in the Counties of Chester and Flint, and City of Chester, to set out the Bounds of the Sands and Soil not bearing Grass, next adjoining to the said River from the Key near Nesson, and from Flint Castle to the New Tower of the City of Chester.  
2. That Mr. Gell be empowered to make the said River Navigable for Ships of 100 tons at all Tides, by Channels and Trenches as shall be thought convenient.  
3. That Mr. Gell and his Heirs may Enclose and Improve the Sands and Soil, and also receive for every Barrel of Coal that is brought and used in Chester, three Half-pence; and every Barrel of Lime, brought, burnt, or made there, Two Pence.  
4. That the Sands and Soil, and Duties on Coal and Lime, be vested in Mr. Gell and his Heirs, for to make the River Navigable, and continuing it so for ever, the Surplus to Mr. Gell and his Heirs.  
5. That the Duties may not be misapplied, the Mayor and Citizens shall have Power until the River be made Navigable, to call all Receivers or Agents to Account, and to Peruse their Books, and to Examine them upon Oath, and if Mr. Gell, his Heirs, &c. or their Agents and Collectors, shall not have disbursed from the beginning for every 100 l. received by the said Duties, the further Sum of 300 l. above the said 100 l. or if the River shall not be made Navigable in Ten years from March, 1699. That then the Estate and Interest of Mr. Gell to the said Duties, and Sands and Soil, shall cease to him, his Heirs and Assigns, and be vested in the Mayor and Citizens, and they to agree with any other fit Person to carry on the Navigation, and they to be entitled to the Duties, and Sands, and Soil. No Collector to be employed to receive the Duties, but first to give Security to be Approved by the Mayor and Citizens.  
6. That the Commissioners shall have Power to set out convenient Roads and Highways over any Lands to be Enclosed; and if Occasion shall require, to appoint a Place for a Free Ferry for the public Service.  
7. It was further Agreed in order to obtain an Act of Parliament, That Mr. Gell in a Month after the Act shall be passed, do Advance and deposit 2000 l. into the Hands of Two sufficient Citizens, in Trust to be laid out with the Duties in the said Undertaking, and so forward to advance the like Sums, until the Undertaking be perfected, and if any thing remain in Bank, to return it to Mr. Gell and his Heirs.  
8. A●d it was Agreed, That a Petition from the Mayor and Citizens to the Honourable House of Commons be prepared, and the Common Seal affixed to it, and a Bill to be brought to be passed into an Act to make the River Navigable, pursuant to the Proposals and Agreement.  
That the Citizens of the said City being so fully satisfied of the Advantage they were to reap by the said Agreement, at the same time affixed the Common-Seal of the said City to a Petition( which is not yet presented) thereby humbly praying the Honourable House of Commons, that leave might be given to bring in a Bill for the Navigating the said River d'ye.  
That altho' by the said Agreement, Mr. Gell is not obliged to Pay the said 2000 l. till a Month after the Act is passed, yet the said Mr. Gell to demonstrate his sincerity for performing his Part, and Encouraging the said Work, is ready to deposit the said 2000 l. into the Hands of such Person or Persons as the said City shall direct and appoint.  
Note, That there is a Petition to the Honourable House, Signed by the Majority both in Number and Quality of the Citizens of the said City of Chester, besides that of the Assembly under the Common-Seal, as aforesaid, for making the said River d'ye Navigable, pursuant to the said Agreement with Mr. Gell: And to the same Purpose there are Petitions from most of the Freeholders and chief Inhabitants of the Towns and Villages adjoining to both sides of the River d'ye, and the Country adjacent.  
Therefore it is Humbly Prayed, That a Bill may be brought into this Honourable House, to make the said River d'ye Navigable, pursuant to the said Agreement.