of the locks

as foon as the

boat, barge, lighter, or other veffel, upon the faid river, cuts, fels required or canals, and paffing with fuch boat, barge, lighter, or other to fhut the veffel, through any lock upon the faid river, cuts, or canals, upper gates thall fuffer the water to remain in the lock longer than is neceffary for fuch boat, barge, lighter, or other veffel, to país vellels are through the fame; and that every fuch fteerfian, or other per- paffed, except fon, in going down the faid river, cuts, or canals, thall thut fome other the lower gates of fuch lock before he fhall draw the cloughs of veel is in fight. the upper gates thereof; and after he thall have brought fuch boat, barge, lighter, or other veffel, into the faid lock, thall fhut close the upper gates before he fhall draw the cloughs of the lower gates thereof; and in going up the faid river, cuts, or canals, fhall, fo foon as he thall have paffed with fuch boat, barge, lighter, or other veffel, out of the faid lock, thut the upper gates of the faid lock, and afterwards draw the cloughs of the lower gates,, unless there fhall be then a boat, barge, lighter, or other veffel, in fight from the faid lock, coming down the faid river, cuts, or canals, in which cafe the lower gates of the faid lock fhall be left fhut, and the upper gates fhall be left open; and every person, who fhall not act agreeable to the directions herein before mentioned, fhall, for every offence, forfeit and pay any fum not exceeding forty fhillings.

names to be

put on the

XXV. And be it further enacted by the authority aforefaid, So much of That fo much of the faid recited act of the feventh year of the the former act reign of his prefent Majefty, as requires the owners of boats, as requires the barges, lighters, or other veffels, to caufe their names, and alfo the names of the fteerfmen, or other perfons having the care bows of ve fels, or charge of fuch boats, barges, lighters, or other veffels, and repealed. their refpective places of abode, to be placed and set on the upper part of the bow on both fides of fuch boats, barges, lighters, or other veffels, and as inflicts a penalty for default therein, fhall be, and is hereby repealed.

abode of

owners and

Iterns of

veffels;

XXVI. Provided nevertheless, and it is hereby declared, Names and That from and after the twenty-fourth day of June, one thou- places of fand seven hundred and feventy-nine, the owner or owners of every boat, barge, lighter, or other veffel, paffing upon the steerfinen to faid river, cuts, or canals, fhall caufe his, her, or their name or be put on the names, and also the name of the steerfman, or other perfon having the care or charge of every fuch boat, barge, lighter, or other veffel, and their respective places of abode, to be placed and fet at full length, in white letters upon a black or dark ground, fuch letters to be four inches long, and of a proportional breadth, and made on fome confpicuous part of the tern of every such boat, barge, lighter, or other veffel, and to be kept at all times plain and legible; and in cafe any boat, barge, on penalty of lighter, or other veffel, fhall, at any time after the faid twentyfourth day of June, one thousand feven hundred and feventynine, be navigated on the faid river, cuts, or canals, not having the name or names of the owner or owners thereof, and alfo the name of the steersman, or other person as aforefaid, and also their respective places of abode, placed and fet on the ftern of every VOL XXXIL

fuch

51.

Penalty on floating of timber.

Penalty on

perfons affaulting the

collectors, or obstructing them in their duty.

Provifo.

Tottenham mill stream

to a certain

annual pay

ment.

fuch boat, barge, lighter, or other veffel, and keep plain and legible, according to the true intent and meaning of this act; or if any feerfman or other person thall cover or conceal the fame, or use any means whatsoever to prevent any perfon from reading the fame; every perfon offending in any of the cafes aforesaid fhall, for every fuch offence, forfeit and pay the fum of five pounds.

XXVII. And be it further enacted by the authority aforefaid, That if any perfon or perfons fhall, after the twenty-fourth day of June, one thousand seven hundred and feventy-nine, float, or caule any timber to be floated, upon the faid river, cuts, or canals, every fuch perfon fhall forfeit and pay the fum of fifty fhillings for every time he or they fhall float, or cause any tim ber to be floated, upon the faid river, cuts, or canals.

XXVIII. And be it further enacted by the authority aforefaid, That if any perfon fhall affault, interrupt, or obftruct any collector, or other perfon employed by the faid trustees, or any five or more of them, in collecting the faid rates or duties, or otherwife in the execution of his office, every fuch person shall, for every fuch offence, forfeit and pay any fum not exceeding forty thillings, nor less than ten fhillings.

XXIX. Provided always, That nothing herein contained shall prevent, or be construed to prevent, any such collector, or other perfon, having his remedy, for any fuch offence, in any of his Majesty's courts of law, by action, indictment, or otherwife.

XXX. And whereas a certain navigable ftream or cut belonging to James Townsend efquire, called Tottenham Mill ftream, hath to be used as been used as part of the faid navigation, for the passage of boats, part of the na- barges, lighters, and other vessels, for which the faid trustees have vigation for ever, fubject paid to the faid James Townsend the annual fum of ten pounds ten hillings; and the faid James Townsend is confenting that the faid ftream or cut should be used as part of the faid navigation for ever, fubject to the fame annual rent; but the fame being no part of the navigation defcribed in the faid act, the use of the said fiream cannot be fecured to the publick, unless fome further powers are granted for that purpose; be it therefore enacted and declared by the authority aforelaid, That the faid ftream or cut, together with at proper towing-path on the weft fide thereof, fhall for ever hereafter be used as part of the said navigation; and that the owners of all boats, barges, lighters, and other veffels, fhall have liberty to navigate along the faid ftream or cut, and to make use of the faid towing-path, in like manner as if the faid ftream or cut had been part of the navigation described in the said act; and the faid trustees, or any seven or more of them, shall, and have hereby full power and authority, from time to time, to scour, cleanfe, deepen, and do fuch other works in the faid ftream or cut, and repair the faid towing-path, as they fhall think fit, for the purposes of the said navigation, without any hindrance, moleftation, or interruption, from the faid James Townsend, or any perfon or perfons who may hereafter be entitled

to

done to pre

judice Totten

to the said stream or cut, and towing-path, fo that no damage be done thereby to Tottenham mills, by preventing the water flowing to the fame as it now doth. XXXI. Provided always, That nothing herein contained Nothing to be shall authorise the said trustees, or any of them, or any other person or perfons acting under their authority, to contract the ham mills said stream or cut, or prevent the occupier of Tottenham mills from penning a head of water to the faid mills, or to obftruct, hinder, or prevent the navigating or paffing of boats, barges, lighters, and other veffels, to and from the faid mills.

of the mills

XXXII. Provided alfo, That the occupier or occupiers of The occupiers the said mills, or any other perfon or perfons, thall not, upon not to draw any account or pretence, cause the water to be let or drawn the water beout of the said stream or cut, so as to reduce the fame below low a certain the height of two feet on the present fill of the wafte-gate of height. the faid mills to be ascertained by a stone put down and The trustees marked for that purpose: and the faid trustees are hereby re- to keep the quired at all times to keep the gates of the lock near the faid gates of the ftream or cut of an equal height with the banks of the faid lock near the stream of an mill stream at the mill head, for keeping a full head of water to equal height the said mills; and the faid trustees fhall, at all times, repair, with the and keep in good repair, the bridge built across the new cut banks; and to repair the near the faid mill ftream. bridge.

the use of

XXXIII. And be it further enacted, That the faid trustees, or any seven or more of them, fhall, and they are hereby autho- How the rent rifed and required, out of any money arifing by virtue of the payable for faid recited acts, and this act, to pay, or caufe to be paid, to Tottenham the said James Townsend, and the owner of the faid ftream or mill ftream, cut, and towing-path, for the time being, the annual rent of may be reten pounds ten fhillings, of lawful money of Great Britain, free covered. and clear of and from all taxes and deductions whatfoever, on the twenty-fifth day of March in every year, the first payment to be made on the twenty-fifth day of March, one thoufand feven hundred and eighty: and in cafe the faid yearly rent thall not be paid for the space of twenty-one days next after the day herein-before appointed for the payment thereof, that then the faid James Townsend, and the owner for the time being of the said stream or cut, and towing-path, hall have fuch and the fame remedies for recovering the fame yearly rent, and all costs and expences attending the recovery thereof, as are in the faid recited act of the feventh year of the reign of his prefent Majesty provided for the payment of any rents or annuities granted and made payable by virtue thereof.

XXXIV. And whereas, by the faid recited att of the feventh In cafe the year of the reign of his prefent Majesty, the faid trustees are required tonnage made to pay to fir William Wake baronet, and Peter Floyer efquire, William Wake payable to fir their heirs and affigns, the fum of one penny per ton on all goods, and Mr. Floywares, merchandizes, or commodities, which fhould be carried or con- er, by the forveyed down the faid river, through the cut or canal made from the mer act, fhall faid river, above King's Weir, to the wet tail ftream of the powder 1601. per anmills near Waltham Abbey: and whereas it is apprehended that, num, the defiby ciency fhall be

Y 2

not amount to

made up to them by the trustees.

by laying the additional rates or duties herein-before granted, their property may be injured: be it therefore enacted and declared by the authority aforefaid, That in cafe the faid fum of one penny per ton fhall not hereafter produce to the faid fir William Wake and Peter Floyer, their respective heirs and affigns, the clear annual fum of one hundred and fixty pounds, that then the faid trustees, or any feven or more of them, fhall, and they are hereby authorifed and required, from time to time, to make up the deficiency to the faid fir William Wake and Peter Floyer, their respective heirs and affigns, and the fame shall be paid to the faid fir William Wake and Peter Floyer, their respective heirs and affigns, at the end of every year in which any fuch deficiency hall happen; and in cafe of nonpayment thereof, for the fpace of ten days after the fame fhall be due, the said fir William Wake and Peter Floyer, their heirs and affigns, fhall and may have and take fuch and the like powers and remedies for receiving and recovering the fame, and all cofts and charges attending the recovery thereof, as are in the faid recited act given for recovery of the faid one penny per ton.

The height at XXXV. And whereas it would be for the benefit of the faid nawhich the be vigation, and of certain mills, called Dicker Mills, fituate near the kept in Dicker faid town of Hertford, and alfo of certain works for supplying the Mill stream, to faid town with water, belonging to the mayor and aldermen of the be ascertained said town, if the water in Dicker Mill fiream was always kept up by engineers. to a certain height; be it therefore enacted, That the faid trustees,

In cafe the faid

engineers shall

not agree within three

ment, the

or any five or more of them, fhall, and they are hereby required, within forty days next after their first meeting to be holden in pursuance of this act, to give notice to the owner and occupier of the said mills, and to the mayor of the said town of Hertford, directing each of them to appoint an engineer, to meet an engineer to be appointed by the faid trustees, on a certain day to be mentioned in fuch notice, in order to examine the faid mill stream, and to agree upon and fettle to what height the water in the faid mill ftream ought to be kept up for the future, and to order and direct proper ftones or posts to be fixed or set up in or on the banks of the faid stream, and also near the faid water-works, with proper marks thereon denoting fuch height; and the determination of the faid engineers, or any two of them, fhall be final and conclufive.

XXXVI. Provided always, That in cafe engineers fhall not be appointed as aforefaid, or being fo appointed, shall neglect or refuse to act, or shall not agree therein within three calendar months after months after the day to be appointed for the meeting of the said their appoint- engineers as aforefaid, that then the juftices of the peace, at their general quarter feflions to be holden for the faid county of quarterfeflions Hertford, upon application made to them for that purpose on behalf of the faid truftees, or of the owner or occupier of the fhire fhall appoint another faid mills, fhall, and they are hereby required to name and apengineer to point fome able engineer to examine, fettle, and determine. fettle the fame. touching the matters aforefaid, and his determination fhall be final and conclufive; and after fuch determination as aforefaid,

for Hertford

not to work

the said trustees, or any five or more of them, fhall, and they are hereby required to caufe fuch stones or posts as aforesaid to be forthwith fixed or fet up, with proper marks thereon, and at such place and places as the faid engineers or engineer (as the cafe may be) fhall direct, in order to denote and fix the height to which the water in the said stream ought to be kept up; and the said trustees fhall from time to time fupport and keep fuch ftones or posts fixed, with fuch mark or marks as aforefaid, and all the charges and expences attending the appointing and employing the faid engineers, and alfo of erecting and fixing fuch ftones or pofts, and keeping and fupporting the fame as aforefaid, fhall be borne, paid, and defrayed by the faid trustees, out of any money arifing by virtue of the faid former acts, or of this act; and that after the said stones or pofts fhall be fixed or fet The mills, &c. up, and marked as aforefaid, it shall not be lawful for the occu- when the wapier of the faid mills, or the person having the care of the faid ter fhall be bewater-works, to fuffer the faid mills, or water-works, to work, low the marks or for the person having the care of the navigation there to keep on the stones open the cistern or lock near the faid mills, when the water fhall or pofts. be reduced below the mark or marks upon the faid ftones or posts; and in cafe the water within the said stream shall at any time be reduced below the said mark or marks, and the occupier of the faid mills shall not immediately fhut down the faid mills, or the person having the care of the said water-works fhall not immediately fhut down the faid works, or the perfon having the care of the navigation there as aforefaid fhall not immediately shut the said cistern or lock, so as to raise and keep up the water to the said mark or marks, according to the true intent and meaning of this act, (notice having been given to them refpectively fo to do), every fuch occupier, and other person aforefaid, fo offending, fhall, for every fuch offence, forfeit and pay any fum not exceeding forty fhillings, nor lefs than ten fhillings; and in cafe any perfon or perfons fhall break, raife, pull up, fink Penalty on lower or destroy, or in any wife alter any of the stones or posts altering which fhall be fo fixed or fet up as aforefaid, or obliterate, deface, marks, &c. change, or alter, any letters, figures, or marks, which fhall be infcribed thereon, every such person thall, for every fuch offence, forfeit and pay any fum not exceeding five pounds, nor less than forty fhillings.

XXXVII. Provided always, and it is hereby declared, That Nothing to be in afcertaining the height at which the water in Dicker Mill done to prestream aforesaid thould be kept up for the future, or in fixing or Mills, &c. judice Dicker fetting up any fuch pofts or ftones as aforefaid, nothing fhall be done to the prejudice of Dicker Mills, or of the occupier thereof, or of the faid water-works, or of certain mills called Hertford · Town Mills, or any occupier thereof.

XXXVIII. Provided alfo, That no occupier of the faid mills Provifo. called Dicker Mills, or perfon having the care of the faid waterworks, fhall be fubject to the penalty aforefaid, for not keeping the water in Dicker Mill ftream up to fuch height as aforefaid, whenever any of the works of the said navigation, above the

Y 3

mouth