Page:Ruffhead - The Statutes at Large - vol 7.djvu/340

 320 .C. S. Anno vicedmo quarto -Georgii II. A. D. 1751, Party or Parties aggrieved by any fuch OiFenccj and Ihall and may be Icricd by Diflrefs and Sale in Manner herein before dircdted. NoCommiffioner X, Provided alfo, and be it further enabled by the Authority aforcfaid, That no ComiTiiflion?r or Coin- 's im-"ii'^d' ^^ '^'^^0'^''s f'^^" ^"^ '" Judgment in the Execution of this Act, or any of the Powers herein contained, where . '^ ' he or they, on his or their own Parts, are any wife interefted or concerned. Appe.1l ftom the -^I. Provided neverthelefs, and be it enadted by the Authority aforefaid, That if any Perfon or Perfon c:ommiiTu)7,prs fhall think himfelf or themfclves aggrieved, by reafon of any Rules, Orders, Conflitutions or Airefirncnt? to the Judges offo as aforefaid to be made by the faid Commiflioners, or any feven of them, or the mnjor Part of them, at Aflize, S.C. fi^pjp c^ij General Meetings, it fhall and may be lawful to and for the Judge or Judges of Afllze, at th;.- eight Months next after the making of fuch Rules, Orders, Conflitutions or Affellinents, to coniirm, va- cate or alter the fame, in fuch Manner as fhall be thought ^nolt con'enient. OnlersofCom- XII. Provided always, That the Orders made by the faid CoinmilTioners fhall remain in full Force till ['^7™'^"^.|°,^'_ vacated, or altered, by fuch Judge or Judges : But if fuch Orders, Rules or Conftitutions fhall affect tke cjtcii, except in ^''opsrty or Interefl: of any Perfon or Perfons, in Lands, Tenements or Hereditaments, orhsr ihan in Cafes atsaing Locks, Weirs, Winches, Turnpikes, Dams, Flood-gates, antient Towing-paths and Land ins;- pi aces, oihcr /'roperty. then fuch Orders, Rules and Conftitutions fliall not be in Force, until the Lxpiration of one Alonth ncKt after the making thereof, and after Notice given in Writing to the Perfon or Perfons aflecicd thereby,, or left at his or their Place of Abode, in order that the Perfon or Perfons fo affected may have an Opportu- nity of appealing againft fuch Orders, Rules and Conftitutions, before the fame are carried into Execution j and every fuch Perfon or Perfons who fhall make fuch Appeal, fhall, within the Space of one Month, give Notice in Writing to the Clerk of the Commiffioners making the Rules, Orders or Conflitutions in- tended to be appealed againfl ; and fhall alfo enter into a Recognizance before fome Juftice of the Peace of the County wherein the Matter doth lie, in the Penalty of ten Pounds at leaft, to profecutc the faiJ Appeal, according to the Notice given thereof, as aforefaid ; in which Cafe the Rule;, Orders or Confli- tutions fo appealed againft, fhall not be in Force until'fuch Appeal be heard and determined, according to Jiidges tnay give the Diredtions of this Adt; and in cafe the Judge or Judges, who fhall hear the faid Appeal, fhall detcr- C6fts. "mine the fame againft the Appellant, it fhall be lawful for fuch Judge or Judges to give fuch Cofts to the 'Party or Parties againft whom the faid Appeal is made, as to fuch Judge or Judges fh?ll fecm meet. Orders to be XlII. Provided alfo, and be it further enadted by the Authority aforefaid, That all fuch Rules, Orders, PaTT" ""r J Conftitutions and AfTcfTments as fhall be made by the faid Commiffioners, or any feven, or the major Part printed; ' of them, in purfuance of this Adt, fhall be written on Parchment, and figned by the faid Commiffioners, or any feven, or the major Part of them, and fhall alfo be printed ; and the original Orders, fo figned, sni kept atnongft fhall be kept amongft (he Records of the Seffions of the Peace of the County within which the fame Ihali the Records of be made ; and a true Copy, fjgned by the Clerk of the Peace of the County where fuch original Orders she SeSo.as. {j^^n ^^ filed, ffiall by him be tranfmitted to the feveral Clerks of the Peace of the Counties of Berh and Oxford^ when tlie faid Orders are made in other Counties than thofe of Berks and Oxon ; all which, or true Copies thereof, figned by the Clerk of the Peace, who hath the Cuftody thereof, fhall be taken, adjudged, and deemed good and fufEcient Evidence and Proof in any Court of Law or Equity whatfoever^ and other Places of JudicatiH^e ; and the faid Rules, Orders, Conftitutions and Afleflments, fo figned by the faid Commiffioners, or confirmed or altered on fuch Appeal as aforefaid, fhall continue in Force from the ma- king the fame by the fiiid Commiffioners, or the Confirmation or Alteration there of^ by the faid Judge of Judges of Affize, or Niji Prius^ until fome new Order, Rule, Confticution or AHeffment, fhall be made in the fame Cafe, by the faid Commiffioners, or any feven, or the major Part of them ; and every fuch new Order, Rule, Conftitution or Aileflment, fliall be fubjcdt to the like Appeal as aforefaid, , XIV. And, for the further preventing the Damages and Mifchiefs frequently done and committed by 'rude and diforderly Perfons, rowing, managing, haling or towing the faid Barges, Boats and Vefiels, either with Men or Horfes, and that the Owners of fuch Barges, Boats and Veliels may be more careful 'Sit-je-mnftcr re- to prevent the f;ime ; Be it enadted by the Authority aforefaid, That every Barge-mafter, or the Mailer of" i,Hinf.blc fcrDa-any Boat or VcffeJ, and Owner of any Barge, Boat and Veflxl, fliall be, and is hereby, made anfvverable v'^mJ'""'' '■y and refponfible for any Damage or Mifchief that fbiill be done or committed by his or their Barge, Boat or Veflel, or by the v/hole or any of the Crew of his or their faid Barge, Boat or VLilel, or by Perfons ordinarily belonging to, and going with, fucti Barge, i oat or Veflel, i.ither to the Goods and Commodi'.ics with which fuch Barge, Boat or Veflel is laden, or by tifhing with Nets, or otherwife, or by fhooiing v/ith Guns, or taking or deftroying any Fifh, Fowl or Game, or to any of the Locks, Lock- tackle, Wtiirs, 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, cither with Men or Horfes : And the f.tid Barge-mafters, Barge-ownerj, and the Matters ano Owners of any Boat or Veflel ilial! be, and are hereby, made liable to make good all fuch Damages to be committed as aforef.uj ; and n:iaH and may be fued and profecuted for the (ame, by Adtion of Tref- pafs or otherwife ; and if it appear that fuch Trcfpafs or Damage was done by any of the rerfcns ordinarily belonging to or employed in the Barge or other Craft, whereof fuch Perfon or Perfons v/as or were Mafter or Mailer, Owner or (Jwners, fuch Mafter or Mafters, Owner or Owners, fhall be tbund guilty, and the Plaiiuiff or I'laintifts fhall recover his or their Damages thereby fuftained, with his, her and their full Cofts of Suit; any former Law or Ufuge to the contrary notwithftanding. 3