Page:Ruffhead - The Statutes at Large - vol 8.djvu/723

 684 C. 3 2. Anno fecundo G r o r g 1 1 III. A. D. 1762* Mallei! to have the'r Njrnes fet on the Oiit- fijt of ihe Boar, Sec, ar.>l on the Bow, &c. Fot w^nt of which. ot opeiiiiij Gates, fee. 10 :e£ Water lun »vallf, cm. And to the End that the Owners, Maftcrs or Perfons having the Rule of any VefTel navi- gating within the Limits of the faid Navigation, may be better known. Be it further enacted. That every Owner, Mafter or Perfon haying the Rule or Command of any Boat, Barge, Lighter, or other VelVel pafTing upon the faid River, or the faid Branches thereof, fhall caufe his, her or their Name, at full Length, to be placed and fet in large Capital Letters, four Liches long and broad in Proportion, on the upper Part of the Bow, on both Sides of every Boat, Barge, Lighter, or other Veitel, and painted white, fo that the fame fhall, from time to time, and all Times, be plain and: >o :is rxovercc by Di- V. j;s iirid Sale} tc.idei CO be cotnmltttd. Of- P^rfons aggrieved may k..ie3l to the ij^arter- Seiiions, ftc. Owner, Mafter or Perfon having the Command or Rule of any Boat, Barge, Lighter, or other Veflel pafliiig on the faid River, or any of the faid Branches thereof, into or through any of the Sluices or Locks upon the faid River, or any of the faid Branches thereof, fliall wilfully fet or leave open any of the Gates, Doors, or Slakcrs belonging to the faid Sluices or Locks, whereby the Water of the faid River, or any of the faid Branches thereof fhall run wafte, to the Hindrance or Detriment of the faid Navigation ; then and in all and every of the faid Cafes, every fuch Owner, Mafter or Perfon fo neglecting or oft'ending, on Conviction before any Juftice of the Peace for the Parts or Place adjoining thereto, by the Oath or Oaths of one or more credible Witnefs or Wit- nclTes, ftiall for every fuch Offence forfeit and pay any Sum not exceeding five Pounds, nor lefs than forty Shillings, to be levied by Diftrefs and Sale of fuch Offender's Goods and Chattels, by Warrant under the Hand and Seal of fuch Juftice ; and for want of fufficient Diftrefs, fuch Off'ender or Offenders fhall, by Warrant under the Hand and Seal of fuch Juftice, be committed to the Houfe of Correction, there to be kept to hard Labour, for any Time not exceeding three Months, nor lefs than (even Days, or until fuch Penalty fliall be paid. CIV. And be it further enacted. That all Perfons who (hall think themfelves aggrieved by the Order or Judgment of any Juftice or Juftices of the Peace, upon account of any Offence com- mitted againft this A<St, may appeal to the Juftices of the Peace for the Parts or Place where or ad- joining to which fuch Offence fhall have been committed, at their next General or Quarter-Seflion to be held for the faid Parts or Place ref^pedtively ; the Perfon or Perfons fo appealing flrft entering into Recognizance, with two fufEcient Sureties, to profecute fuch Appeal with Effl-ctj and to pay the Cofts which fhall be afcertained by the faid Juftices in their faid General or Qiiarter-SclTion, in cafe fuch Order or Judgment fhall be affirmed ; And the Juftices in their faid General or Qiiarter- SefTion are hereby authorifed and required to hear and determine fuch Appeal, and give fuch Cofts to either Party as they fhall think reafonable, and to make fuch Order therein as to them fhall ap- Order of SelTions not re- pear juft ; which Order fhall be final and conclufive to all Parties ; and ihall not be removed or re- tnoveable by Certiorari, movable by any Writ of Certiorari or otherwife, into any of his Majeity's Courts of Record at: JFfJhniuJier or elfewhcre. CV. And be it further ena£ted. That no Order or other Proceeding to be made or had by or be- fore any Juftice or Juftices of the Peace, by virtue of the Powers by this A<5t granted, ihall be quafhed or vacated for want of Form only. CVL And be it further enacted, T'hat the refpeiEtive Fines, Forfeitures and Penalties by this A»St impofed and infhcted, the Application whereof is not herein before particularly directed, fhall be paid into the Hands of the Treafurer or Treafurers of the Monies to be raifed by the Taxes or I'olls refpe£tively by virtue of this A(St ; and fhall be applied and difpofed of for the Ufe of the faid Drainage or Navigation refpcctively as the Cafe fhall happen, and to and for no other Ufe or Pur- pofe whatfoever.i CVTI. And for preventing the breaking Jown or damaging any of the Works which 'fhall be credited or made in purfuance of this Adt, Be it enacted. That if any Perfon or Perfons fhall wll- i'uUy and malicioufly cut, break down, damage or deftroy any Banks, or other Works to be erected or made for the Purpofes of the faid Drainage or Navigation, fuch Perfon or Perfons fhall be adjudged guilty of Felony, and fhall be fubjeit and liable to the like Pains and Penalties as in cafe of Felony ; and the Court, by and before whom I'uch Perfon or Perfons fliall be tried, fliall have full Power and Authority to tranfport fuch Felon or Felons for the Space of feven Years, in like Manner as other Felons are dirc£lcd to be tranfported by the Laws and Statutes of this Reabn. CVIIL And be it further enacted, 'Fhat the faid CommifTioners for the Navigation, or any five or more of them, at any of their Meetings, fhall from time to time have full Power and Authority to make By-laws, Orders and Conffitutiojis for the good and orderly uffng of the faid Navigation, and for the well-governing of the Bargemen, Watermen and Boatmen, who fliall convey or carry any Goods, Wares or Merchandizes on any Part of the faid River, or the faid Branches thereof, and to impofe and infhci fuch reafonable Fines, Forfeitures or Punifliments upon tlie Breakers of f'ucli By-laws, Orders or Conftitutions, as the faid Commilfioncrs, or any five or more of them fliall think fit; fuch Fines, Forfeitures or Punifhments to be levied or inflicted by fuch Ways and jVlcans as the f.tid Commilfioucrs, or any five or more of them fliall direct ; which faid By-laws, Orders and Conftitutions being put into VVriting, under the Hands and Seals of the faid Comniif- fioners, or any five or more of them, fliall be binding to ?nd he obfervcd by all Parties; and fliall be TufKcient in any Couit of Law or Equity, to juftify all Perfons who fhall act under the fame, cither V't( -^i aeerieved there- *-" ])Knifliing fuch Perfons as fhall difobey the fame, or in levying any Penalty or Forfeiture thereby w^ «^iy jpjKai to the incutA'd but any Perfon or Perfons thinking, himltlf, hcrfclf or themfelves aggrieved, by any Order rj.4«icrSririottK or nor vacated for want of t'orm. Appli<^ation of the DfOroying Works cijilc Felony. OmmiiTionerj may iuakc By-laws.
 * u".v,-c^ to a Penalty ;
 * .,f want of Dittref