River Lark Act 1698

XIV.

Watermen and others carrying Goods, to give and subscribe an Account thereof, and of the Names of the Owners, &c. to Henry Ashley, &c.

On Neglect, &c. thereof, or of Payment of Tolls, Goods and Vessels may be detained; or Action of Debt may be maintained for Tolls; On Suspicion of false Account, Goods may be measured or weighed, &c. and Owner, &c. refusing to permit the same; Penalty; Watermen, &c. concealing Goods so conveyed, or giving false Accounts, may be refused Passage, until they enter into Bond to give a true Account.

And to the Intent that the said Henry Ashley his Heires and Assignes his and their Agents and Servants may discover and knowe the Quantity and Quality of all such Goods and Commodities as shall at any Time be carried or conveyed up or downe the said River for which any Rate or Toll is payable as aforesaid and that all and every the said Rates or Tolls may be justly and duely paid Be it further enacted by the Authority aforesaid That every Waterman and other Person and Persons that at any Time shall carry or convey up or downe the said River or any Part thereof any such Goods Wares Merchandizes or Commodities for which any Rate or Toll is payable by vertue of this Act (shall upon Demand) give or cause to be given a just and true Account of the Quantity and Quality of all and every such Goods Wares Merchandizes and Commodities by him or them carried or conveyed as aforesaid and of the Name and Names of the respective Owner and Owners thereof to the said Henry Ashley his Heires or Assignes or to his or their Servants or Agents which said Account being putt into Writing by the said Henry Ashley his Heires or Assignes his or their Servants or Agents the said Waterman or other Person giveing the said Account shall subscribe his Name or Marke to the same and in case of Refusall or Neglect to give such Account or to subscribe the same as aforesaid or to pay the Rates or Tolls payable by this Act upon Demand as aforesaid the said Henry Ashley his Heires and Assignes his or their Agents or Servants may detaine or make stay of any Goods or Commodities for which the said Rates or Tolls ought to be paid or of the Vessells in or by which the said Goods or Commodities shall be carried or conveyed untill an Account of the Quantity and Quality of the said Goods and Commodities and of the Name and Names of the said respective Owner and Owners shall be given and subscribed as aforesaid and all and every the Rates and Tolls due and payable for the same shall be fully satisfied and paid or in case of Non-payment of the same Rates or Tolls the said Henry Ashley his Heires and Assignes may sue for the same by Action of Debt (wherein no Essoigne Protection or Wager of Law shall be admitted) or by Action upon the Case in any Court of Record And if the said Henry Ashley his Heires or Assignes his or their Servants or Agents or any of them shall at any Time suspect that the said Account to him or them given by any such Waterman or other Person is not a full and true Account that then it shall and may be lawfull to and for the said Henry Ashley his Heires and Assignes his or their Servant or Servants Agent or Agents at the Costs and Charges of the said Henry Ashley his Heires or Assignes to cause all and every the said Goods and Commodities concerning which he or they shall have such Suspicion to be measured or weighed or may take Tale of the same according as the Quality of the said Goods [X1 shall require] at such Place or Places where the same shall be first landed And if the Owner of the said Goods or Commodities or any other Person or Persons shall refuse to permitt or otherwise [X1 hinder] the said Henry Ashley his Heires or Assignes or any of his or their Servants or Agents to measure weigh or otherwise take Account of the said Goods or Commodities or any Part of the same that then the said Owner or other Person or Persons soe hindring or refuseing to permitt as aforesaid shall pay to the said Henry Ashley his Heires or Assignes the Summ of Five Pounds for every Parcell of Goods or Comodities for or concerning which such Refusall or Hindrance shall be made as aforesaid (over and besides the Rates or Tolls payable for the same by virtue of this Act as aforesaid) to be recovered by Action of Debt in any Court of Record wherein no Wager of Law shall be admitted nor any more than one Imparlance And in case any Waterman or other Person or Persons manageing or imployed in any Boats or Vessells upon the said River and carrying or conveying any Goods or Commodities for which any Rates or Tolls are payable as aforesaid shall at any Time conceale any or any Part of such Goods or Commodities as shall give an Account of a lesse Quantity of such Goods or Commodities than in Truth there shall be the said Henry Ashley his Heires and Assignes his or their Servant or Servants may refuse to permitt all and every such Waterman and Watermen Person and Persons soe concealeing or giveing such untrue Account as aforesaid to passe with any Boats or Vessells through any of the Sluces Locks Weares Stanches or Works that shall be built or made as aforesaid or to carry or convey any more Goods or Commodities up or downe the said River but may stopp all and every the Vessells that shall be managed by such Person or Persons or in which such Person or Persons shall be imployed (whether the said Person or Persons be the Owner or Owners of the said Vessells or not) untill he and they shall become bound to the said Henry Ashley or to such Person or Persons as shall claime the said Tolls by from or under him in a Bond not exceeding the Summ of Twenty Pounds upon Condition to give a full and true Account of the Quantity and Quality of all such Goods or Commodities as at any Time afterwards shall be carried or conveyed up or downe the said River by him or them or in such Vessells wherein he or they shall serve or be imployed or to that effect

Editorial Information

X1 interlined on the Roll.