Page:Ruffhead - The Statutes at Large - vol 7.djvu/341

 A. D. 1751. Anno vicefimo quarto Georgii II.- C. 8. 321 ' XV. And whereas the Biirgemc-n, and other Perfons navigating the Barges, Boats and other Veficis ' on the faid Rivers, have frequently embezilled and adulterated Wines, Cyder, Beer and other Liquors ; ' and have often ftole and bartered Coals, Malt, Wheat and other Goods committed to their Care; and ' have been guilty of many other Abufes, to the great Damage of the Proprietors of fuch Goods, and the ' Difcredit of the faid Navigation ; but it has been found very difikult to detefl the Offenders ;' Be it therefore enaiflcd by the Authority aforefaid. That if any Bargeman, Boatman, or other Perfon or Perfons, Penally on being Part of the Crew of or belonging to any Barge, Boat or other Veflel, navigating the faid Rivers, fhall Bngcniien deal- hereafter fteal, fell, take, barter, confume, adulterate or embezil any Wine, Cyder, Beer or other Liquor, qooj'soii Board. ■ Coals,, Malt, Wheat or OLher Goods, which fhall be Part of the Freight of fuch Barge, Boat or other VefTel, and fhall be thereof lav/fully convicted before any one of his Majefty's Jufcices of the Peace for the County wherein, or adjoining to the Place where, the Offence fliall be committed (who arc hereby im- powered to hear and determine fuch Complaints in a fumm.ary Way, and to convidl the Offenders, either upon their own Confeffion, or upon the Evidence of one credible Witncfs upon Oath, which Oath fuch Juftices are hereby impowered to adminiiler) fuch Bargemen, Boatmen, or other Perfon or Perfons fo of- fending, fhall forfeit and pay the Sum of forty Shillings for every fuch Offence, to any Perfon or Perfons J'oi'f'i"^'"'^. "■" F" who will inform thereof, the fame to be levied by Diftrefs and Sale of the Offender's Goods, by Warrant '^" "•' ^"""■'■■'■• under the Hand and Seal of the Juftice before whom the Complaint or Information fliall be made or laid : And in cafe fuch Offender or Offenders fhall have no Goods and Chattels, whereby the Penalty may be Forwent of Di- levied, or do not, upon Demand, pay down the faid forty Shillings, then fuch Juftice fhall and may fend "^^'^ "";■'■ fuch Offender or Offenders to the Houfe of Corredion, there to belept to hard Labour, for any Time not " "°'""""'^^- exceeding the Space of two Months : And in fuch Cafe the Perfon or Perfons fo informing, fhall be al- and thelnformer lowed and paid the faid Sum of t'orty Shillings, by the County Treafurcrs of the two Counties between '° ^= P"','^^ '^^ which that Part of the faid River fhall run, where the Offence (hall happen to be committed, in equal ^"^j"'' ^'"' Shares and Proportions : And the Treafurers 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 Juftice before whom the Information ihall be laid ; and that fuch Offender or Of- fenders had no Goods and Chattels, whereon the Penalty could be levied as aforefaid. XVI. And be it further enafted by the Authority aforefaid. That it fhall and may be lawful for any two On Complaint of the faid Commiflioners, upon the Complaint of, and Oath made by any of the Tenants or Occu- that tli,e Water piers of the Meadows above, that the Water runs over the Water-mark, and that their Meadows are in "'"« over the Danger of being overflowed, to fend, under their refpe£l:ive Hands and Seals, a Warrant direfted to the J|^|^'-'^^'^^^ ^°'"' Conftable or Conflables of the Parifh or Tything, or fome neighbouring Parifh or Tything to the Place compel uic™'' where the Offence fhall be committed, thereby authorizing and impowering him or them to give Notice ofOwners of Locks fuch Complaint to the feveral Tenants or Occupiers of the faid Locks, Weirs, Turnpikes, Dams and ""F'Tihe fame. Flood-gates ; and on their Refufal to open the fame, to compel the faid Tenants or Occupiers of the faid Locks, Weirs, Turnpikes, Dams and Flood-gates, to open, and keep open the fame, as Occafion fhall require, till the Water is funk below the V/ater-mark, and no longer : And if any Damage fhall be fuf- i Commioioners tained by the Tenants or Occupiers of fuch Meadows, occafioned either by the Occupiers or Tenants of "^. "'"! ^"" fuch Locks, Weirs, Bucks, Turnpikes, Dams and Flood-gates, penning above the Water-mark, fo as mac'p"occaVionc(! aforefaid fet by the faid Commiflioners ; or neglecting or refuling to draw, after fuch Notice as aforefaid ; by iver-tJouing. any three or more of the faid Commiflioners fhall, at any of their Sub-meetings to be held as afore-, faid, within the Space of fourteen Days next enfuing, on Proof made on Oath as aforefaid, of the. Damage or Damages, order fuch Satisfaction as to them fhall feem juft: And if any or either of the Penalty of not Tenants or Occupiers of any Locks, Weirs, Bucks, Turnpikes, Dams or Flood-gates, fhall refufe to P^y'-^S' pay fuch Sum or Sums of Money fo ordered, within thirty Days after fuch Order made, and Notice thereof given, he or they fo refufing fiiall forfeit the Sum of five Pounds, over and above the Sum or Sums fo ordered, to be levied by Diftrefs and Sale of the Offender's Goods and Chattels, by Warrant under the Hands and Seals of any three or more of the faid Commiflioners as aforefaid. ' XVII. And whereas great Inconveniencies and Damages do often happen to light-loaded Barges, ' Boats and other Veffels, by deep-loaded Barges, Boats ana other Veffels, lymg acrofs or aground in the ' faid Rivers; and thereby or otherwife obflruSing and preventing the Paffage of fuch light-loaded Veifels, ' which otherwife might pafs:' For Remedy whereof. Be it further enacted by the Authority aforefaid. Com mifri.^nors That it fliall and may be 1 iwful for any one or more of the faid Commiflioners, on his or their View, or "^'J "i-ke Order on Complaint thereof made to him or them by the Owners or Navigators of fuch light-loaded Barges, 1°""'"'"=^^^" Boats or other Veffels, to order the Owners or Navigators of fuch deep-loaded Barges, Boats or other„|,^,^|^°ajn'°4e Veffels, by Warrant under his or their Hands, forthwith to remove fuch Obftruftions, by lightening their Navigation, faid Veffels, tsr otherwif«, in fuch Manner as the faid Commiflioner or Commiflioners fhall think fit ; and to fuffer the faid light-loaded Barges, Boats or other Veffels to pafs ; and upon Non-compliance with fuch Pena',;;- of Non- Order, to affefs and levy by Warrant under fuch Commiflioner or Commiflioners Hands and Seals, to be '^°"P='"^-- direfted to the Conftables, or other Peace Officers, of the Parifli or Place wherein or near to the Place where fuch Complaint fliall arife, fuch Penalty not exceeding the Sum of five Pounds, upon the Goods and Chattels of the Offender or Offenders, or the Tackle belonging to his or their Barge or Barges, ns the faid Commiflioner or CommifTioners fliall think proper, or adequate to the Damage to be thereby fuftaineS by the Owner or Owners of fuch light-loaded VelTel or Veffels, and to be paid to the Perfon next imme- diately fuftaining the Damage occafioned by his Boat or Veffel's being ffopt. XVIII. And be it enaCted by the Authority aforefaid, That if it (hall appear, cither by View of any Penalty of re- ihree or more of the faid Commiffioners, or upon Complaint made on Oath, to be taken and adminiftcred movin's Watei-- Vol. VIL - T t as™"''^.