Page:Ruffhead - The Statutes at Large - vol 8.djvu/722

 A. D. 1762. Anno fecundo Georgii III. C. 32. 683 and keep the faid Bridges or Conveniences in Repair, for the Accommodation of all Perfons having Occafion to pafs over the fame. ' Veffel, within the Limits of the faid Navigation, and to the End that the Ovi^ners and Mafters Boat, Barge, Lighter or other Veffel, which (hall pafs up or down the faid River, or the fiid Bran- fwerable foj- Djmagej ches thereof, fhall be and is hereby made anfwerable for, and fhall make good any Dumage, Spoil done by their Crew tu or Mifchief that fhall be done by his, her or their Boat, Barge, Lighter or other Veffel, or by any l^''^^^". &=«. and tot Boatmen, Bargemen or Watermen, or by any of the Crew thereof, belonging to or employed in or "^^^ "* about the fame refpedlively, or by his, her or their Servants or Horfes, unto any of the Bridges, Locks, Staunches, Dams, Sluices or other Works that now are or fliall be eredted, maintained or kept in Repair, in, upon or near the faid River, or any of the faid Branches thereof, or any new Cuts of the faid P-iver, or the faid Branches thereof, to be made by Authority of this A6t; or by loading or unloading any Boat, Barge, Lighter or other Veffel; and alfo for any Trcfpafs or Da- mage that fliali or may be done to the Owners or Poffeffors of any Buildings or Ereftions upon or near the faid River, or any of the faid Branches thereof, that now are or that hereafter (liall be erec- ted and fet up; or to any Lands, Tenements or Hereditaments, or any Crop on the Ground adjoiji- ing to the fame, or any of them, other than is provided for and authorized by this A6 : And if any Damages to be deterrr.;- fuch Damage, Spoil or Mifchief fhall be done to any of the faid Bridges, Locks, Staunclies, Dams, ncd by two Juftkes. Sluices, Cuts, Banks or other Works, or by loading or unloading fuch Boats, Barges, Lighters or other Veffels, the fame fhall be inquired into and determined by any two Juflices of the Peace for the Parts or Place where fuch Damage fliall be done, who is hereby authorized and required, upon Complaint or Information made before them, to fumnion fuch Boat-mafter, Barge-mafter or Ow- ner, to appear before them ; and upon his, her or their Appearance, or making Default to appear (Proof being made upon Oath before fuch Juftices, that the Party neglcdling to appear was peifo- nally ferved with fuch Summons, or that the fame was left for him, her or them, at his, her or their ufual Place of Abode) fuch Juftices fhull proceed to examine into the I'ruth of the faid Com- plaint or Information, and upon Convi6fion of the Party complained of, or Proof upon the Oath of one or more credible Witnefs or Witneiles, fliall award and order fuch Sum of Money to be paid by fuch Boat-mafter, Barge-mafler or Owner, as a Recompence for the faiJ Damage, Spoil or Mifchief fo done as aforel'aid, as the faid Juftices fliall thuik proper, not exceeding treble the Amount or Value of fuch Damage, Spoil or Mifchief; and in cafe of Non-payment of fuch Sum of Money fo awarded and ordered for the Space of five Days, the faid juftices are hereby authorized and required to levy the fime by Diftrefs and Sale of the Boats, Barges, Lighters, Vcfiels or other Goods and Chattels of fuch Boat-mafter, Barge-mafter or Owner, by Warrant under the Hands and Seals of fuch Juftices, rendering to the Owner the Overplus (if any be) after the fiid Sum, to- gether with the reafonable Charges of fuch Information and Convidtion, Diftrefs and Sale, iiath been firft fatisfied and paid. CI. And be it further enacSted, That if any Boatman, Bargeman, Lighterman, Waterman or boatmen obftn-ainfj the other Perfon, having the Care or Management of any Boat, Barge, Lighter or other Veffel, or na- Pjrupe of 6na-s, &c. vigating or working the fame, (hall lay fuch Boat, Barge, Lighter or other Veffel, fo as to obftrudl fubjedt to a i-trahj, the Paffage of other Boats, Barges, Lighters or other Veflels, or ihall hinder the opening or fliut- ting of any of the faid Locks or Sluices, and fliall not, upon Requeft, immediately remove the fame, fuch Perfon or Perfons offending as aforefaid, fhall, for every fuch Offence, forfeit any Sum not exceeding five Pounds, nor lefs than forty Shillings, to be recovered upon Convidtion before any Juftice of the Peace for the Parts or Place adjoining thereto (not intereftxd otherwife than as a Commifnoner) by the Oath of one or more credible Witnefs or Witneffes, or by the Confefiion of the Party or Parties offending, by Diftiefs and Sale of fuch Boat, Barge, Lighter or other V^effcl, to be levied by Di/lic's or any of the Goods and Chattels of fuch Offender or Offenders, by Warrant under the Hand and ^'"^Sale: Seal of fuch Juftice before whom fuch Offender or Offenders fliall be convidted, rendering the Overplus (if any be) after the reafonable Charges firft dedudted, to fuch Oftender or Offenders ; and and for want of Dinveft, for want of fufficient Diftrefs, fuch Oft^ender or Offenders fhall, by Warrant under the Hand and »''.'? '^ffsnder to be com- Scal of fucii Juftice, be commitred to the Houfe of Corredtion, there to be kept to hard Labour for ™'"*^^- any Time not exceeding three Months, nor lefs than one Month, or until fuch Penalty (hall be paid. CII. And be it further enadted. That if any Boat, Barge, Lighter, or other Veflel fiiall happen Veffeis funk to bt to be funk in the faid River, or in any of the faid Branches, Cuts or Trenches thereof, and that weighed up and ^framed the Owner or Perfon having the Command or Rule thereof, fhall not without Lofs of Time weigh "^''^ ^^^'sffiaion nrudt. or draw up the fame again, and hale the fame out of the Way of other Boats, Barges, Lighters or Veflels paffing and repafling upon the faid Navigation, it fhall and may be lawful to and for the faid Commiffioners for the Navigation, or any five or more of them, or their Agents or Servants, to caufe fuch Boat, Barge, Lighter, or other Veffel to be weighed or drawn up, and to detain and. keep fuch Boat, Barge, Lighter, or other Veflel, until Payment fhall be made of all Expences oc- cafioned thereby ; and if Payment be not made in twenty Days after fuch Boat, Barge, Lightt^r or other Veffel fhall be weighed or drawn up, then and in fuch Cafe, it fhall and may be lawful to and for the faid Commiffioners, or their Agents or Servants, to caufe Sale to be made thereof for reimburfing the faid Expences and other incident Charges; rendering the Overplus (if any be} when demanded, to the (Jwner or Mafter of fuch Boat, Barge, Lighter or other Veffel. 4 S 2 cm. Ar.d
 * C. And for the belter preventing of Damages or Mifchiefs that may be done or committed by
 * any rude or diforderly Perfons towing, navigating or managing any Boat, Barge, Lighter or other
 * thereof may be more careful therein;' Be it further enabled, That the Mafter or Owner of every Boat-mafters, i-c. an-