William and Mary, 1694: An Act to prevent Exactions of the Occupiers of Locks and Weares upon the River of Thames westward and for ascertaining the Rates of Water-carriage upon the said River. [Chapter XVI. Rot. Parl. pt. 4. nu. 6.]

Recital that the Thames and Isis have always been navigable, that divers Locks, &c. have been on Toll, and that the Tolls have been greatly raised, and Abuses committed by Bargemen.; Power to Justices of Peace of Wilts, Gloucester, &c. as Commissioners in Quarter Sessions, to set the Rates for passing the Wears, &c. upon Thames and Isis, and to make Orders therein, and concerning the Navigation and Behaviour of Bargemen, &c.

Whreas the Rivers of Thames and Isis have time out of mind been navigable from the City of London to the Village of Bercott in the County of Oxford and for diverse yeares last past from the said Village of Bercott westward somewhat farther then Letchlade in the County of Gloucester. And whereas for the benefitt and convenience of the Navigation there have been and are diverse Locks Weares Bucks Winches Turnpikes Dams Floodgates and other Engines in upon or neare adjoyning to the said Rivers the Tennants or Occupiers whereof antiently took and still ought to take a moderate and reasonable price from the owners of all Barges Boats or other Vessells haveing occasion to make use of the same or of their assistance for or in their passage but have of late yeares raised their prices soe high that the price of the Water-carriage on those Rivers by reason thereof has been alsoe very much raised. And whereas diverse abuses have heretofore been committed by the Bargemen in their Navigation upon the said Rivers. For remedy whereof bee it therefore enacted by the Kings most excellent Majestie by & with the advice and consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by the authority of the same That from and after the First day of May which shall bee in the yeare of our Lord One thousand six hundred ninety five the Justices of the Peace for the time being of the [of the (fn. 1) ] several Counties of Wiltes Gloucester Oxford Berks and Bucks within their respective Counties for ever hereafter shall bee and are hereby declared to bee Comissioners for the putting in execution [of (fn. 1) ] the powers and authorities herein after mentioned (that is to say) the said Commissioners or any Five of them shall have full power and authority from time to time att their respective General Quarter Sessions of the Peace upon due exāīc[i]on of the matter in controversie upon Oath to make orders and constitutions for settling and ascertaining reasonable rates and prices to bee taken from the Owners of all Barges Boats or Vessels by the Tenants or Occupiers of all such Locks Weares Bucks Winches Turnpikes Dams Floodgates or other Engines within their said respective Counties for the help and assistance which such Barges Boats or Vessels may or shall receive thereby or by meanes thereof in their passage upon the said Rivers regard being had as well to the antient rates which have been taken as the necessary charges of repairing such Locks Wears Bucks Winches Turnpikes Floodgates and other Engines and alsoe to constitute and appoint all such other necessary rules and orders concerning the said Navigation and alsoe concerning such Locks Weares Bucks Winches Turnpikes Dams ( (fn. 2) ) and other Engines within their said respective Counties and the shutting penning opening drawing use or management thereof for the benefitt and safety of the said Navigation and concerning all Barges Boats or Vessells passing by through or with the helpe of the same and the behaviour of all Bargemen Boatmen and Watermen belonging to or working in such Barges Boats or Vessells soe as to prevent such abuses which have been frequently heretofore committed by them in the Navigation as to the said Comissioners or any Five of them shall seem meet.

II. Power to the said Justices of Peace in Sessions to settle the Rates of Water Carriage upon Thames, &c.

Taking more than Rate assessed; Penalty £5.

And bee it further enacted by the authority aforesaid That from and after the said First day of May the said Justices of the Peace or any Five of them in their respective General Quarter Sessions next after Easter-Day yearely shall have power and authority and they are hereby enjoyned and required to assesse and rate the prices of the carriage of all sorts of Goods whatsoever from any place in their said respective Counties to any other place or places upon the said Rivers in such Boats Barges or Vessells and shall give publick notice in Writing to the Mayor or other Head Officer in every Markett Towne within their said respective Counties of the rates and prices soe sett and assessed and of all other rates and prices which shall bee rated and assessed by virtue of this Act And if any Owner or Proprietor of any such Barge Boat or Vessell shall att any time after such Notice take for the Water-carriage of any Goods or Merchandizes above the rates and prices soe sett as aforesaid or if any person or persons whatsoever shall break or act contrary to any rules orders or constitutions which shall bee made in pursuance of this Act every such person soe offending shall for every offence forfeit the su[m]m of Five pounds to bee recovered by the party grieved with double costs of suit in any action of debt bill plaint or informac[i]on to bee commenced or prosecuted in any of his Majesties Courts of Record att Westminster wherein noe essoigne protection or wager of Law shall bee allowed.

III. Justices of Assize for Oxfordshire may vacate Orders made by the said Commissioners.

Limitation of Complaint.

Provided neverthelesse and bee it enacted by the authority aforesaid That if any person or persons whatsoever shall bee agrieved by reason of any such rules [order (fn. 3) ] constitutions or assessments soe as aforesaid to bee made by the said Commissioners or any Five of them it shall and may bee lawfull to and for the Justices of Assize of the said County of Oxford for the time being upon complaint made by such person or persons grieved within the space of One yeare next after the making of such rules orders constitutions or assessments to confirme vacate or alter the same in such manner as shall bee thought most convenient.

IV. Orders by Justices of Peace to be registered in Sessions, and to continue for Seven Years, and thence till new Orders made by Commissioners.

Provided alsoe and bee it further enacted by the authority aforesaid That all such rules orders constitutions and assessments other then of the rates for carriage which shall bee made by the said Commissioners or any Five of them in pursuance of this Act shall bee written in parchment and signed by the said Commissioners or any Five of them and bee kept amongst the records of the Session of the Peace of that County within which the same shall bee made And the said rules orders constitutions and assessments other then of the rates for carriage soe signed by the said Commissioners or confirmed or altered on such appeal as aforesaid shall continue in force from the making the same by the said Commissioners or the confirmation or alteration thereof by the said Justices of Assize for Seven yeares and from thence until some new order rule constitution or assessment shall bee made in the same case by the said Commissioners or any Five of them every which new order rule constitution or assessment shall bee subject to the like appeal as aforesaid.

V. Locks, &c. adjudged to be in County where they pay the Poors' Rate.

Provided always That if att any time after the said First day of May any doubt shall bee made amongst the aid Commissioners in what County any such locks weares bucks winches or other engines are or shall bee then and in every such case for preventing of all such disputes every such lock weare buck winch or other engine hall bee adjudged and taken to bee in that County and subject to the jurisdiction of the Commissioners of that County within which the same are taxed or rated to the Church or Poor.

VI. Jurisdiction to Commissioners between Bercott and Oxford.

Provison for Powers given to Commissioners under 21 Jac. I. c. 32. Subjea to Appeal. Proviso for Death or Removal of Commissioners.

Provided alsoe That nothing herein contained shall bee construed to give any manner of jurisdiction to any of the said Commissioners to putt in execution any of the powers or authorities hereby granted [or directed between y^e said village of Bercott & y^e city of Oxford nor to repeale or impeach y^e powers or authorities granted (fn. 4) ] to the Com[m]issioners in and by an Act made in the One and twentieth yeare of the reigne of King James the First intituled An Act for making the River of Thames navigable for barges boats and lighters from the village of Bercott in the County of Oxford unto the University and City of Oxford but that the said Commissioners or the more part of them by virtue thereof and of this Act shall have power and authority from time to time with such consent as in the said first recited Act is required to ordaine and make orders, and constitutions for the good and orderly usage of the passage by water on the River of Thames betwixt the City of Oxford and the village of Bercott and for all locks weares or turnpikes thereof made or to bee made and maintained att the charge of the University and City of Oxford or otherwise and for the reparation and amendments thereof And for all boats boatmen passengers wharfs carriages and rates for carriages by or through the said passage And to sett lay doe and execute all things concerning the same as in the said first recited Act are ordained and directed subject neverthelesse to such an appeal as is therein mentioned And alsoe that upon the death or removal of any of the present Co[m]missioners for executing the said recited Act the surviving Commissioners for the University and City of Oxford respectively may att any time hereafter by virtue hereof nominate and elect any person they think fitt to bee a Com[m]issioner and with them to execute all and every the powers in the said recited Act according to the true intent and meaning thereof and of this present Act.

VII. Proviso for the City of London.

Provided alsoe That nothing herein contained shall bee construed to impeach or lessen any jurisdiction power or authority of the Mayor Co[m]monalty and Citizens of the City of London or of any other Body Politick or Corporate or other person or persons whatsoever.

VIII. Bargemasters chargeable for any Mischief done to Locks, &c. by their Bargemen, &c.

Damages and Costs.

And for the better preventing the damags and mischeifs frequently done and co[m]mitted by the rude and disorderly persons rowing and manageing the said barges and that the owners of such barges may bee more careful to prevent the same bee it enacted by the authority aforesaid That every Bargemaster and Owner of any Barge or Boat shall bee and is hereby made answerable and responsible for any damage or mischief that shall bee done by his barge or boat or the whole or any of the crew of his bargemen to any [of the (fn. 4) ] weares locks bucks winches turnpikes dams floodgates and other engines in and upon the said River And the said Bargemasters or Bargeowners shall and may bee sued and prosecuted for the same and if found guilty the Pltiffe shall not onely recover his damages thereby sustained but his full costs of suit any former law or usage to the contrary notwithstanding.

IX. Continuance of Act.

Provided always That this Act shall continue and bee in force for the terme of Nine yeares and from thence to the end of the next session of Parliament and noe longer.