the said commissioners, or the confirmation or alteration thereof, by the faid judge or judges of affize, or Nift Prius, until some new order, rule, constitution or assessment, shall be made in the fame cafe, by the faid commissioners, or any seven, or the major part of them; and every such new order, rule, constitution or assessment, shall be subject to the like appeal as aforefaid.

XIV. And, for the further preventing the damages and mifchiefs frequently done and committed by rude and disorderly persons, rowing, managing, haling or towing the faid barges, boats, and vessels, either with men or horses, and that the owners of fuch barges, boats and vessels may be more careful to prevent the fame; be it enacted by the authority aforesaid, That Barge-mafter every barge-master, or the master of any boat or veffel, and responsible for owner of any barge, boat and vessel, shall be, and is hereby, damages done made answerable and responsible for any damage or mischief that by his men. shall be done or committed by his or their barge, boat or vessel, or by the whole or any of the crew of his or their faid barge, boat or vessel, or by persons ordinarily belonging to, and going with, such barge, boat, or vessel, either to the goods and commodities with which fuch barge, boat or vessel is laden, or by fishing with nets, or otherwise, or by shooting with guns, or taking or destroying any fish, fowl or game, or to any of the locks, lock-tables, weirs, bucks, winches, turnpikes, dams, flood-gates or other engines; or to any bridge or lands, trees, meadows or grounds, in and upon the faid rivers, or bordering or near adjoining thereto, either with men or horses: and the faid barge-masters, barge-owners, and the masters and owners of any boat or vessel, shall be, and are hereby made liable to make good all fuch damages to be committed as aforesaid; and shall and may be sued and prosecuted for the same, by action of trespass or otherwise, and if it appear that such trespass or damage was done by any of the perfons ordinarily belonging to or employed in the barge or other craft, whereof fuch person or persons was or were master or masters, owner or owners, fuch master or masters, owner or owners, shall be found guilty, and the plaintiff or plaintiffs shall recover his or their damages thereby sustained, with his, her, or their full costs of fuit; any former law or usage to the contrary notwithstanding.

XV. And whereas the bargemen, and other persons navigating the barges, boats and other vessels on the faid rivers, have frequently embezilled and adulterated wines, cyder, beer and other liquors; and have often stole and bartered coals, malt, wheat and other goods committed to their care; and have been guilty of many other abuses, to the great damage of the proprietors of such goods, and the difcredit of the faid navigation; but it has been found very difficult to detect the offenders; be it therefore enacted by the authority aforesaid, That if any bargeman, boatman, or other perfon or perfons, Penalty on being part of the crew of or belonging to any barge, boat or other bargemen vessel, navigating the said rivers, shall hereafter steal, fell, take, any goods on barter, confume, adulterate or embezil any wine, cyder, beer board.

or

stealing, &c.

i

Forfeiture to
go to the in-

former.

For want of
dittress of-

fender to be
committed,

and the informer to be paid by the county trea

furers.

or other liquor, coals, malt, wheat or other goods, which shall
be part of the freight of fuch barge, boat or other vessel, and
shall be thereof lawfully convicted before any one of his Majesty's
juftices of the peace for the county wherein, or adjoining to the
place where, the offence shall be committed (who are hereby im-
powered to hear and determine such complaints in a summary
way, and to convict the offenders, either upon their own con-
feffion, or upon the evidence of one credible witness upon oath,
which oath such justices are hereby impowered to administer)
such bargemen, boatmen, or other person or persons so offend-
ing, shall forfeit and pay the fum of forty shillings for every fuch
offence, to any person or persons who will inform thereof, the
same to be levied by distress and fale of the offender's goods, by
warrant under the hand and seal of the justice before whom the
complaint or information shall be made or laid: and in case such
offender or offenders shall have no goods and chattels, whereby
the penalty may be levied, or do not, upon demand, pay down
the faid forty thillings, then such justice shall and may fend fuch
offender or offenders to the house of correction, there to be kept
to hard labour, for any time not exceeding the space of two
months: and in such cafe the perfon or persons so informing,
shall be allowed and paid the said sum of forty shillings, by the
county treasurers of the two counties between which that part of
the said river shall run, where the offence thall happen to be
committed, in equal shares and proportions: and the treasurers
of fuch counties are hereby required to pay the fame, upon the
informer or informers producing a certificate of the conviction
of the faid offender or offenders, under the hand of the justice
before whom the information shall be laid: and that such of-
fender or offenders had no goods and chattels, whereon the
penalty could be levied as aforefaid.

On complaint
XVI. And be it further enacted by the authority aforesaid,
that the water That it shall and may be lawful for any two of the faid com-
runs over the missioners upon the complaint of, and oath made by any of the
marks, 2 com- tenants or occupiers of the meadows above, that the water runs
may compel over the water-mark, and that their meadows are in danger of
the owners of being overflowed, to send, under their respective hands and

miffioners

locks to open

the fame.

seals, a warrant directed to the constable or conftables of the parith or tything, or some neighbouring parish or tything to the place where the offence shall be committed, thereby authorizing and impowering him or them to give notice of fuch complaint to the several tenants or occupiers of the said locks, weirs, turnpikes, dams and floodgates; and on their refusal to open the same, to compel the said tenants or occupiers of the faid locks, weirs, turnpikes, dams and flood-gates, to open, and keep open the fame, as occasion shall require, till the water is funk below 3 commiffion- the water-mark, and no longer: and if any damage shall be ers may order fatisfaction for fustained by the tenants or occupiers of fuch meadows, occafiondamages oc- ed either by the occupiers or tenants of fuch locks, weirs, bucks, cafioned by turnpikes, dams and flood-gates, penning above the water-mark, overflowing. so as aforesaid set by the faid commiffioners; or neglecting or refufing

6

173

refusing to draw, after fuch notice as aforesaid; any three or more of the faid commissioners shall, at any of their fub-meetings to be held as aforesaid, within the space of fourteen days next ensuing, on proof made on oath as aforesaid, of the damage or damages, order such satisfaction as to them shall seem just: and if any or either of the tenants or occupiers of any locks, Penalty of not weirs, bucks, turnpikes, dams or flood-gates, shall refuse to pay paying. such fum or fums of money so ordered, within thirty days after fuch order made, and notice thereof given, he or they fo refusing shall forfeit the fum of five pounds, over and above the sum or fums so ordered, to be levied by distress and sale of the offender's goods and chattels, by warrant under the hands and seals of any three or more of the faid commissioners as aforefaid.

XVII. And whereas great inconveniencies and damages do often happen to light-loaded barges, boats and other vessels, by deep-loaded barges, boats and other veffels, lying across or aground in the faid rivers; and thereby or otherwise obstructing and preventing the passage of fuch light-loaded veffels, which otherwise might pafs: for remedy whereof, be it further enacted by the authority aforesaid, That it shall and may be lawful for any one or more of the faid commiffioners, on his or their view, or on complaint thereof Commiffionmade to him or them by the owners or navigators loaded barges, boats or other vessels, to order the owners or cerning deepof fuch light-ers may make navigators of such deep-loaded barges, boats or other vessels, by loaded barges warrant under his or their hands, forthwith to remove such ob- obftructing structions, by lightening their said vessels, or otherwise, in such the navigamanner as the faid commissioner or fit; and to fuffer the faid light-loaded barges, boats or other commissioners shall think tion. vessels to pass; and upon non-compliance with fuch order, to Penalty of assess and levy by warrant under such commiffioner fioners hands and feals, to be directed to the constables, or other ance. or commif-non-complipeace officers, of the parish or place wherein or near to the place where such complaint shall arise, such penalty not exceeding the fum of five pounds, upon the goods and chattels of the offender or offenders, or the tackle belonging to his or their barge or barges, as the faid commissioner or commissioners shall think proper, or adequate to the damage to be thereby sustained by the owner or owners of such light-loaded vessel or vessels, and to be paid to the person next immediately sustaining the damage occafioned by his boat or vessel's being stopt.

XVIII. And be it enacted by the authority aforesaid, That Penalty of reif it shall appear, either by view of any three or more of the moving wasaid commiffioners, or upon complaint made on oath, to be ter marks. taken and administered as herein before directed, to any five or more of the faid commiffioners, at any of the faid fub-meetings, that any owner or occupier of any lock, weir, turnpike, dam or flood-gate, or any other person or perfons, hath removed any water-mark, so as aforesaid set or appointed by the said commiffioners, that the person or perfons so removing the fame shall forfeit and pay the fum of five pounds, to be recovered at

any

Commissioners may make cleansing the

order for

the rivers:

any of the faid sub-meetings, in a summary way, by any per: fon or persons who will complain or inform thereof, and levied by distress and sale of the offender's goods and chattels, in manner aforesaid.

XIX. And whereas it may be necessary to cleanse, Scour, clear and ballast the faid rivers in many places; be it enacted by the authority aforesaid, That it shall and may be lawful to and for the faid commiffioners, or any seven or more of them, at any of their general meetings, by any order under their hands and seals, to cause the faid rivers, or such parts thereof as to them shall seem meet, to be cleansed, scoured, cleared and ballasted, and all obstructions and annoyances in and upon the faid rivers to be removed; and to defray the charges and costs of such clearing, cleanfing, scouring and ballasting; and removing all obstructions and annoyances aforesaid; as also to defray the incidental expences of printing and publishing the orders of the commiffioners; and for the making a reasonable recompence to the several clerks of the peace, for tranfmitting duplicates of such orders as aforesaid; and for paying the salaries of such officers as the commiffioners shall think fit to appoint, for the inspecting

the execution of this act; it shall and may be lawful to and for and impose a the said commissioners, or any seven or more of them, at any rate on barges, of their general meetings, to impose and set a rate or rates, to

&c.

and appoint

receivers. eivers.

Owners of

be paid by the owner or owners of every boat, barge or vessel, passing the said place so cleared, cleansed, scoured and ballasted; and to appoint a receiver or receivers thereof until a sufficient fum be raised for defraying the expence thereof: and in cafe the owner or owners of fuch boat, barge or vessel shall neglect or refuse to pay the said rate or rates, so directed to be paid, that then it shall and may be lawful to and for the said commiffioners, or any feven or more of them, by warrant under their hands and seals, directed to such receiver or receivers, to levy the monies so rated, or directed to be paid, upon the goods and chattels of the perfon or persons so refusing or neglecting to pay the same, and to dispose of and fell the goods and chattels so levied, and to deduct thereout the said rates so directed to be paid, together with the costs and charges of such warrant, distress and fale, rendering the overplus to the perfon or persons so refusing or neglecting to pay the faid rate or rates as aforesaid.

XX. Provided always, and be it enacted by the authority barges to af. aforesaid, That the owners of all boats, barges and other vef sels, of the burden of twenty tons, and upwards, navigating the faid rivers, shall cause his, her or their name or names, and

fix their names and places of abode, &c. on place of abode, together with the dimensions and tonnage of his, vessel, to be set on fome confpicuous cor

their vessels.

Penalty.

her or their boat, barge or
place of their refpective boats, barges or vessels: and every owner
or owners neglecting so to do, or fuffering his, her or their boat,
barge or other veffel, to navigate in or upon the said rivers, or
either of them, without their respective names, place of abode,
dimension and tonnage thereon, shall forfeit and pay the sum of
forty thillings for every fuch offence, to any person or persons

who

who will make information or complaint thereof to the said commissioners, at any or either of their sub-meetings, to be, as aforesaid, held, the same to be levied by distress and sale of the offenders goods as aforesaid, so as the offender or offenders be thereof first duly convicted by the said commissioners, at any of their sub-meetings as aforesaid.

ment.

XXI. And whereas for improving the navigation of the rivers Thames and Isis, it is found expedient to put such part of the river of Kennet, as is between the common landing-place at Reading aforesaid, and the mouth of the faid river of Kennet, under the same regulation and management; be it therefore enacted by the authority aforesaid, That the commissioners appointed by this act shall Part of the be commiffioners for carrying on and regulating the navigation of river Kennet the aforesaid part of the said river Kennet, in like manner as they put under the are hereby appointed commissioners concerning the navigation of fame manage. the faid rivers of Thames and Isis; and that all and fingular the powers and authorities by this act given to, or vested in, the said commiffioners, relating to the navigation of the said rivers of Thames and Isis, shall extend to, and the said commissioners are hereby authorized to exercise the same over the aforesaid part of the faid river Kennet, and over all persons, boats, barges and vessels navigating the same, or any ways concerned therein, and the locks, weirs, turnpikes, dams, flood-gates and other engines thereon, and the adjacent lands, meadows, tenements and premiffes; and to make all fuch, or any of the orders and constitutions relating thereto, as are herein mentioned, and in like manner as the said commiffioners are hereby authorized to do, of and concerning the navigation of the said rivers of Thames and Isis, and the matters and things relating thereto, or any persons interested or concerned therein.

XXII. Provided always, That nothing in this act contained Limitation. shall extend, or be construed to extend, to take away any jurifdiction, power or authority of the mayor, commonalty and citizens of the city of London, or any other body politick or corporate, or other person or persons whatsoever.

XXIII. And be it further enacted by the authority aforesaid, Orders to be That all the orders of the said commiffioners shall be kept by kept by the the clerks of the peace aforesaid, among the records of the sef- clerks of the sions of the peace in the respective counties where the same peace among the records. shall be made; and that such clerks of the peace, respectively, shall permit the same to be inspected by all persons defiring the same, at convenient times; and shall deliver copies thereof, or of any part thereof, to any person defiring the same, taking for the fearches and copies thereof, reasonable fees, to be limited by the faid commissioners from time to time, at their general meetings aforesaid.

XXIV. And be it enacted and declared by the authority aforesaid, That this act shall be deemed a publick act, and shall Publick act be taken notice of as fuch, without specially pleading the same: and if any action shall be brought, or fuit commenced, againft any person or persons for any thing done in pursuance of this