ing his Majesty, his heirs and fucceffors, in any office whatfoever; and if any perfon or perfons hall counterfeit, erafe, alter, or falfify, any certificate, cocket, or clearance, required or directed by this act, or fhall knowingly or willingly make ufe of any falfe certificate, cocket, or clearance, or of any certificate, cocket, or clearance, fo counterfeited, erased, altered, or falfified, fuch perfon or perfons fhall, for every fuch offence, forfeit the fum of five hundred pounds, and fuch certificate, cocket, or clearance, fhall be invalid and of no effect.

XVII. And be it further enacted by the authority aforesaid, That the feveral forfeitures and penalties inflicted by this act, How penalties and forfeitures fhall and may be profecuted, fued for, and recovered, and be dimay be profe. vided, paid, and applied, in like manner as other penalties and cuted and apforfeitures inflicted by any act or acts of parliament, relating to plied. the trade or revenues of the British colonies or plantations in America, are directed to be profecuted, fued for, or recovered, divided, paid, and applied, by two feveral acts of parliament, the one paffed in the fourth year of his prefent Majefty, intituled, An all for granting certain duties in the British colonies and plantations in America; for continuing, amending, and making perpetual, an att paffed in the fixth year of the reign of his late majesty King George the Second, intituled, An act for the better securing and encouraging the trade of his Majesty's fugar colonies in America; for applying the produce of fuch duties, and of the duties to arife by virtue of the faid act, towards defraying the expences of defending, protecting, and fecuring, the faid colonies and plantations; for explaining an act made in the twenty-fifth year of the reign of King Charles the Second, intituled, An act for the encouragement of the Greenland and Eaftland trades, and for the better fecuring the plantation trade; and for altering and difallowing several drawbacks on exports from this kingdom, and more effectually preventing the clandeftine conveyance of goods to and from the faid colonies and plantations, and improving and fecuring the trade between the fame and Great Britain; and the other, paffed in the eighth year of his prefent Majesty's reign, intituled, An act for the more eafy and effectual recovery of the penalties and forfeitures inflicted by the acts of parliament relating to the trade or revenues of the British colonies and plan

tations in America.

XVIII. And be it further enacted by the authority aforesaid, That if any action or fuit fhall be commenced against any perPerfons fued fon or perfons, for any thing done in pursuance of this act of par- done in purfufor any thing liament, the defendant or defendants in fuch action or fuit may ance of this act plead the general iffue, and give the faid act and the special mat- may plead the ter in evidence, at any trial to be had thereupon, and that the general iffue. fame was done in pursuance of and by the authority of this act; and if it fhall appear fo to have been done, the jury thall find for the defendant or defendants; and if the plaintiff thall be nonfuited, or discontinue his action after the defendant or defendants fhall have appeared, or if judgement fhall be given upon any verdict or demurrer against the plaintiff, the defendant or defendants fhall recover treble cofts, and have the like remedy for the fame, and recover as defendants have in other cafes by law.

CAP.

treble cofts.

Preamble. Clause in act 24 Geo. 2.

CA P. XI.

An act to amend an act made in the eleventh year of his prefent Majefty's reign, For improving and compleating the navigation of the rivers Thames and Ifis, from the city of London to the town of Cricklade, in the county of Wilts.

W

HEREAS by an act, passed in the twenty-fourth year of the reign of his late Majesty, (intituled, An act for the better carrying on and regulating the navigation of the rivers Thames and fis, from the city of London weftward, to the town of Cricklade, in the county of Wilts,) the commissioners thereby appointed were, amongst other things, impowered to make orders and regulations touching the fizes and draughts of water of all boats, barges, and other veffels, navigating the said rivers, and to fettle proper gauges on the fides thereof, and how deep they should load at all times, and in different feafons of the year, fo as no boat, barge, or other veffel, navigating the faid rivers, should draw more than four feet of water at any feafon of the year: and whereas by another act, passed and actGeo. in the eleventh year of his prefent Majefly, for improving and compleat

3. recited.

The faid

claufes now found preju. dicial.

ing the faid navigation, the commiffioners thereby appointed were also (amongst other things) impowered to make orders and regulations touching the fizes and draughts of all boats, barges, and other vessels, navigating the faid rivers, and to fettle proper gauges on the fides thereof, and how deep they should load at all times, fo as no boat, barge, or other vessel whatsoever, navigating the faid river, should draw more than three feet of water, which depth should be afcertained by a fraight white line one inch broad, extending from head to fern, on each fide of every barge, boat, or vessel; and every person offending therein, by navigating his boat, barge, or vesel, drawing more than three feet of water, or not having the said white line on each fide thereof, is thereby made liable to a penalty or forfeiture, not more than twenty pounds, nor less than five pounds, to be levied and recovered in manner therein mentioned: and whereas the said reftrictions, touching the depth of water to be drawn by boats, barges, and other veffels, navigated npon the faid rivers, have been found to be very prejudicial to the barge-mafters, and other perfons employed in the faid navigation, and tend to enhance the price of carriage of the goods, wares, and merchandises navigated thereon: and whereas the white lines before mentioned are frequently worn out or rubbed off by unavoidable accidents, whereby innocent perfons become liable to the faid penalty, and the depth of water would be better afcertained by pieces of tin, lead, or other metal, to be affixed in different places on each fide of fuch boats, barges, and other vessels: may it therefore please your Majefty that it may be enacted; and be it enacted by the under this act King's moft excellent majesty, by and with the advice and conto be observed fent of the lords fpiritual and temporal, and commons, in this concerningthe prefent parliament affembled, and by the authority of the fame, depth of water That no perfon or perfons whatsoever fhall, from and after the drawn, paffing of this act, be subject or liable to any penalty or forfeiture

Regulations

allowed to be

men

mentioned in the faid act of the eleventh year of his prefent Majefty, or any other penalty or forfeiture whatsoever, in respect of the depth of water to be drawn by any boat, barge, or other veffel, navigated on the faid rivers, in any district beyond the flux of the tide, unless such boat, barge, or other veffel, fhall draw more than three feet of water, between the first day of May and the first day of November in any year, or more than three feet and eight inches between the first day of November in any year and the first day of May in the fucceeding year; or unless fuch perfon or persons fhall wilfully difobey any order which fhall, from time to time, in scarcity of water, be made by the commiffioners, or any seven or more of them, at any general meeting to be held in pursuance of the faid act of the eleventh year of his present Majefty, for limiting occafionally the draught of water between the first day of November in any year and the first day of May in the fucceeding year, fourteen days notice of such order being first printed in the Reading and Oxford Journals; any thing in the said two acts of parliament contained, or any order or regulation made by the commiffioners, in pursuance of the faid acts, or either of them, to the contrary thereof in any-wise notwithstanding.

1

of water is to be ascertained.

II. And, for the better afcertaining fuch depths of water to be drawn by boats, barges, and other veffels navigated upon the faid rivers, be it further enacted by the authority aforesaid, That in- In what manstead of the white line directed by the faid act of the eleventh ner the depth year of his prefent Majefty to be had and used for the afcertaining thereof, the fame fhall, from and after the paffing of this act, be ascertained, as well by frames, gauges, or regulators, to be fixed in every diftrict, at fuch places as fhall be directed by feven or more commiffioners at any general meeting, or by three or more commiffioners at any district meeting, to be held in pursuance of the faid act of the eleventh year of his prefent Majefty, as by three pieces of tin, lead, or other metal, to be nailed or fastened at proper and convenient diftances on each fide of every boat, barge, or other veffel, navigated on the faid rivers, each of which pieces of tin, lead, or other metal, fhall be and contain eight inches in length, and fhall be placed perpendicularly, fo as for the bottom parts thereof to denote the depth of three feet, and the tops thereof to denote the depth of three feet and eight inches, hereby allowed to be drawn by fuch boats, barges, and other veffels, during the different periods of time herein-before mentioned: and if any perfon or perfons Penalty for fhall navigate his or their boat, barge, or other veffel, not hav. neglecting the marks preing the faid pieces of tin, lead, or other metal, of the dimen- fcribed in this fions aforefaid, nailed or faftened thereon, according to the di- act, the fame rections herein-before mentioned, every such person and per- as for neglect. fons so offending fhall be fubject and liable to the fame penalty ing the white and forfeiture which he or they would have been fubject or liable to for not having the white line on each fide of fuch boat, barge, or other vessel, if this act had not been made; to be recovered and levied in the fame manner as the said penalty or for

feiture

lines, 11 Geo.3.

Perfons who

have navigatand incurred penalties repecting white lines, &c. indemnified

ed boats, &c.

from fuch penalties;

except penalties already paid.

How the rifing of the water to the injury of lands is to be prevented.

feiture is, by the faid act of the eleventh year of his present Majefty, directed to be levied and recovered."

III. And be it further enacted by the authority aforefaid, That no perfon or perfons who hath or have navigated, or caufed to be navigated, any boat, barge, or other veffel, drawing more than three feet of water, or not having the faid white line on each fide thereof, before the paffing of this act, shall be subject or liable to any penalty or forfeiture in respect thereof, under or by virtue of the faid act of the eleventh year of his present Majefty, or otherwise howsoever; but that all and every such person and perfons fhall be, and they are hereby indemnified from all and every penalty and penalties, forfeiture and forfeitures, by them, or any of them, incurred, by reafon of fuch draught of water having exceeded the depth of three feet appointed by the faid act, or by reason of his or their not having the faid white line on each fide of fuch boat, barge, or other veffel; except penalties and forfeitures already paid.

IV. And whereas by the faid act of the eleventh year of his prefent Majefty's reign, the commiffioners are impowered to fix a mark or marks at each lock or weir, below or above which mark or marks no owner or occupier of any lock or weir fhall knowingly or defignedly let the water fall or rife, unless authorifed fo to do, in manner directed by the faid act: and whereas, fince the paffing of the faid act, great damages bave been fuftained by the owners and proprietors of lands and grounds, occafioned by the owners and occupiers of the feveral locks, weirs, bucks, and flood-gates, or their agents and fervants, neglecting to draw and keep open the fame when the water is rifen to the guage and level fixed and appointed by and under the authority of the faid act; be it therefore further enacted by the authority aforefaid, That when and fo often as the water fhall be raised to and be level with the high-water marks, which shall, from time to time, be fet and appointed by the commiflioners in pursuance of the faid act of parliament, the tenants or occupiers for the time being of the feveral old locks, weirs, bucks, dams, and floodgates, in and upon the faid rivers, or either of them, or the perfon or perfons who for the time being shall be intrufted with the opening and shutting of the fame, thall thereupon, with all convenient speed, open fuch old locks, weirs, bucks, dams, and flood-gates, and keep open the fame, till the water is funk below Penalty rol. the high-water marks fo fet and appointed: and in cafe fuch on neglect of tenant or occupier, or perfon intrusted with the opening and regulations fhutting of fuch old locks, weirs, bucks, dams, or flood-gates, prefcribed. fhall neglect or refuse to open or keep open the fame, as aforefaid, and fhall be thereof convicted upon the oath of one or more credible witnefs or witneffes, before one or more of his Majefty's justices of the peace for either of the counties in which fuch old lock, weir, buck, dam, or flood-gate, fhall happen to be, or before any two of the commiffioners appointed, or to be appointed, in or by virtue of the faid act of the eleventh year of his prefent Majefty, (fuch commiffioners having first duly qualified themselves under the faid act,) every such person and per

fons

fons fo neglecting or refufing, and being thereof convicted, as aforefaid, thall forfeit the fum of ten pounds; to be levied by diftrefs and fale of the offender's goods and chattels, by warrant under the hand and feal, or hands and feals, of fuch justice or juftices of the peace, or of fuch two commiflioners, as aforefaid, and to be applied and difpofed of for the ufe of the faid navigation.

water inarks.

V. And, for the preventing any fraud or abufe in fetting the faid Lock owners water marks, be it further enacted by the authority aforefaid, thall not act as That no owner or proprietor, tenant or occupier of any old commiffioners lock, weir, buck, dam, or flood-gate, upon either of the faid ri- for letting vers, fhall act as a commiffioner under the faid acts of parlia ment, or either of them, for the purpofe of fetting or appointing the said water marks, or any or either of them, under the like penalty or forfeiture which he or they would have been fubject or liable to for acting under any difqualification contained in the faid act of the eleventh year of his prefent Majesty's reign; and to be recovered, levied, and applied, in the fame manner as fuch penalty or forfeiture under the faid laft-mentioned act is thereby directed to be recovered, levied, and applied, and not otherwise.

VI. Provided always, and be it further enacted, That if any Perfons thinkperson or persons fhall think him, her, or themselves aggrieved, ing themselves by reafon of any penalty or forfeiture being levied in purfuance aggrieved of this act, he, she, or they, fhall have, and be intitled to, the may appeal to fame benefit of appeal to the juftices of peace, affembled at any feflions. quarter feffions, as is allowed in and by the faid act of the eleventh year of his present Majefty, in any case where penalties and forfeitures are thereby inflicted.

the quarter

VII. And be it further enacted by the authority aforefaid, Publick act. That this act fhall be deemed, adjudged, and taken to be a publick act; and shall be judicially taken notice of as fuch by all judges, juftices, and other perfons whatsoever, without specially pleading the fame.

C.A P. XII.

An act to enable the commiffioners, acting by virtue of an act, made in the twenty-seventh year of the reign of his majefty King George the Second, for draining and preferving the north level, part of the great level of the fens, called Bedford Level, and divers lands adjoining thereto, in the manor of Crowland, to charge further Taxes upon the faid north level, and the faid adjoining lands.

Preamble. clause in act 15 Car. 2. recited. Clause in act 27 Geo. 2. and in act 11 Geo. 3. recited. Commiffioners appointed by act of 27 Geo. 2. at their general meeting impowered to lay further yearly taxes. Lands excepted. How the fums railed are to be applied. Commiffioners for the five districts, with consent of devifees of the duke of Bedford, fir Sampson Gideon, and Mr. Hunter, &c. impowered to lay a farther tax for one year. How the faid tax for one year is to be applied. Lands and grounds rated to be taken according to the quantity ascertained by act 27 Ģeo. 2. Tenants to pay taxes; and if they hold the lands at rack rents, may deduct the fame from their rents. Landlords to allow fuch deductions. Cer-. tain leffees not intitled to deduct the taxes. If any perfons neglect or refule to pay the taxes, receivers may enter upon their lands, and levy the fame by diftrefs; and if not found on their lands, may distrain their

goods