the contracts carried into execution.

and proprietors, or occupiers, of any weir, turnpike, lock, ciftern, boats, &c. till or other place, upon the faid river, where fuch respective owners proprietors, or occupiers, have heretofore refpectively taken any fum of money for the aiding or affifting any boat, barge, lighter, or other veffel, in the paffing up or down the faid river, fuch fum and fums of money as the faid owners and proprietors, or occupiers, have refpectively ufually taken at such respective weirs, turnpikes, locks, cifterns, or other places, for the pailing of every fuch boat, barge, lighter, or other veffel, that (hall pafs up or down the faid river, until the contracts aforelaid, which the faid trustees, or any feven or more of them, are by this act impowered to enter into, fhall be carried into execution, or until fuch owners and proprietors, or occupiers respectively, fhall have received fatisfaction for the fame, in manner herein before prefcribed.

affittance to

act, until the

LXXI. Provided always, and be it further enacted, That the Occupiers of faid feveral and refpective owners and proprietors, or occupiers, locks and of any fuch weir, turnpike, lock, ciftern, or other place, upon weirs to give the faid river, fhall, until fuch contracts as aforefaid fhall have the fame been carried into execution, or until fuch owners and proprie- the pafling of tors, or occupiers refpectively, fhall have received fuch fatisfac- boats as betion as aforefaid; and they are hereby required by themfelves, fore the pafftheir agents, fervants, or workmen, to do and perform all and ing of the s every fuch acts, matters, and things, as fhall be neceffary for works of naaiding and affifting boats, barges, lighters, and other veffels, in vigation are pafling up or down the faid river, in the fame manner, and as completed. effectually, as they have ufually done before the pafling of this act and if any fuch owner and proprietor, or occupier, fhall refuse or neglect to do or perform all fuch acts, matters, and things, as fhall be neceffary for the aiding and affifting the faid boats, barges, lighters, and other vefiels, in paffing up or down the faid river as aforefaid; every fuch owner and proprietor, or occupier, fhall, for every fuch offence, forfeit and pay the fum of forty fhillings.

LXXII. And be it further enacted, That no perfon thall fit Qualification or act as a trustee in any cafe where he fhall be in any wife di- of trufees. rectly or indirectly interested or concerned in the matter or matters in queftion; and that no perfon, other than fuch as are trustees in respect of offices, fhall be qualified or capable of acting as a trustee by virtue of this act, who fhall not be, in his own right, or in the right of his wife, in the actual poffeffion and enjoyment, or receipt, of the rents and profits of lands, tenements, or hereditaments, freehold or copyhold, of the clear yearly value of one hundred pounds: and in cafe any perfon thall fit or act, being fo interefted; or if any perfon who fhall be deemed unqualified, or made incapable for the caufes aforefaid, fhall nevertheless prefume to act; every fuch perfon fhall, for every fuch offence, forfeit and pay the fum of fifty pounds, to be recovered, with full cofts of fuit, by any perfon or perfons who fhall fue or profecute for the fame," by action of debt, bill, plaint, or information, in any of his Majefty's courts of record

any
004

at

First meeting of trustees.

at Westminster; wherein no effoin, protection, or wager of law, or more than one imparlance, fhall be allowed; and upon any fuch fuit or profecution, the proof of fuch qualification thall fie upon, and be made out of, by every trustee so to be faed or profecuted.

LXXIII. And be it further enacted, That the faid truffees, or any five or more of them, fhall meet on Wednesday the firft day of July, one thousand seven hundred and fixty leven, at a house known by the fign of the Rofe and Crown at Enfield Highway, in the parish of Enfield in the county of Middlesex, and proceed to the execution of this act; and the faid trustees, or any five or more of them, fhall afterwards hold a general meeting on the first Monday in June in every year; and the faid trustees, or any five or more of them, assembled at such first and at any subfequent meeting, may, from time to time, adjourn and hold their meetings at fuch place and places as they, or any five or Notice to be more of them, fhall appoint: and if at any time a fufficient given of every number of trustees shall not attend to act or to adjourn the meetfuch meeting. ing, they fhall, from time to time, as often as the cafe shall to

happen, be deemed adjourned until that day month to the fame place; and the treasurer, clerk, or furveyor, of the said trustees, shall cause notice in writing or in print under his hand, of the time and place of holding every meeting, to be affixed on fome publick place in the towns of Hertford, Ware, Stansted, Wahham Abbey, Enfield, Edmonton, Tottenham, Hackney, Bow, and Stratford Langthorn, at least two days before every fuch meeting, unless the business to be tranfacted at any meeting, of which fuch notice has been given as aforefaid, fhall not be concluded on the day mentioned in fuch notice; in which cafe the trustees, or any five or more of them, may, from time to time, adjourn to the fucceeding day, or, if fuch day be Sunday, to the day after, and in like manner from day to day, and may meet again at the fame or any other convenient place, and proceed in fuch bufinefs until the fame is finished, without any notice to be given of the meetings held by fuch adjournments; but no meeting fhall be held by virtue of this act at any place which is above ten miles diftant from the faid river; and the trustees at all their meetings fhall defray their own expences; and no trustee or trustees fhall be impowered to do any matter or thing in the execution of this act, otherwife than at a meeting to be held in pursuance hereof; No order to be and that no order or determination of the faid trustees, or any repealedunless five or more of them, shall be revoked or altered, unless seven 7 trustees, be trustees fhall be present, and concur therein.

prefent. LXXIV. And be it enacted, That all fuch trustees as are Trustees may act as juftices. justices of the peace may act as juftices of the peace in the execution of this act, notwithstanding their being trustees.

On death of trustees, others to be chofen.

LXXV. And be it further enacted, That upon the death or refignation of any trustee hereby appointed or hereafter to be elected, the furviving trustees, or any feven or more of them, fhall and may, from time to time, at any general meeting of the faid truftees, whereof ten days notice fhall at least be given in

fome

fome publick news paper, elect in the ftead of every fuch trustee deceafed or refigning one other perfon to be a trustee, who at the time of his election thall be living or refiding in the county where fuch deceased trustee or the truftee refigning did at the time of election, nomination, or appointment, live or refide; hand every perfon fo elected fhall have the fame authorities and powers as if he had been named a trustee in this act.

LXXVI. And be it further enacted, That the faid truftees, Power to apor any seven or more of them, fhall, by writing under their point officers 3 hands, from time to time, appoint fuch perfon or perfons as they fhall think fit to be collector or collectors of the rates or duties hereby granted or authorized to be taken; and also a treafurer or treasurers to receive all monies arifing by virtue of this act, or of the faid recited act (fuch treasurers and collectors giving fecurity to the fatisfaction of the faid trustees, or any feven or more of them, for the due execution of their respective offices) and fuch collector or collectors, and all other perfons who have had or received by virtue of the faid recited act, or who shall at any time or times hereafter have or receive any money by virtue of this act, fhall, from time to time, pay over all the monies fo collected or received into the hands of the faid treafurer or treasurers at fuch times and in fuch manner as the faid trustees, or any seven or more of them, fhall direct and appoint; and the faid trustees, or any feven or more of them, may also appoint a clerk or clerks, and fuch other officers as they shall think fit to employ in the execution of this act, and may allow to fuch treasurers, collectors, clerks, and other officers, fuch falaries or recompence out of the monies to be raised or paid by virtue of this act, as they the faid trustees, or any seven or more of them, fhall think reasonable; and all fuch officers fhall be, from time to time, removeable at the will and pleasure of the faid trustees, or any feven or more of them; and the said trustees, who are to ac or any five or more of them, fhall, and may, from time to time, count upon and at fuch times as they fhall think proper, fummon before oath. them, and if they think fit examine upon oath (which oath any two of the faid trustees are hereby impowered to administer) all or any of the faid treasurers, collectors, clerks, and all other officers and perfons employed in, or intrufted with, the receipt or expenditure of all or any of the monies received by virtue of the said recited act, or to be raised or received by virtue of this act; and every such treasurer, collector, clerk, and other officer and perfon as aforefaid, is hereby required to render to the faid truftees, or any five or more of them, a true, exact, and perfect account in writing, of all and every fum and fums of money fo by him refpectively received or expended as aforefaid: and in Officers refufcafe any or either of fuch treasurers, collectors, clerks, or other ing to account officers or persons, fhall be found in arrear, or refuse to account, may be committed. or to pay the money due upon the balance of fuch account, according to the orders and directions of the faid trustees, or any five or more of them; it shall and may be lawful for the faid trustees, or any five or more of them, by warrant or warrants

under

Treasurer, clerk, &c. to deliver books relating to the trust.

under their hands and feals, to levy by distress and fale of the goods and chattles of the perfon or perfons fo found in arrear of refufing to account, or to pay the money due upon the balance of fuch account, fuch fum or fums of money as he or they shall be required to account for, or as fhall be found due upon the ba lance of his or their account or accounts; and for want of fu.. cient diftrefs, it shall be lawful for any one or more juftice cr juftices of the peace for the county or place where fuch offender or offenders fhall then be or refide, upon proof made of all or any of the offences aforefaid, by warrant or warrants under bis or their hand and feal, or hands and feals, to commit fuch of fender or offenders to the common gaol of the county or plas wherein fuch offender or offenders fhall then be or refide, the to remain without bail or mainprize until he or they fhall have made a true and perfect account, and paid fuch monies as tha appear to be remaining in his or their hands to the faid trufees. or any five or more of them, or according to their appointmer, or fhall have compounded for the fame, and paid fuch compo fition-monies, which compofition the faid trustees, or any Eve' or more of them, are hereby impowered to make; or fuct; trustees, or any five or more of them, may, and are hereby impowered to bring, or caufe to be brought, any action or actions, in the name or names of any one or more of them, or in the name of their treasurer or clerk, in any of his Majesty's cours of record at Westminster, against any fuch officer or perfon fort fufing, neglecting, or making default as aforefaid, for the revery of the monies that fhall be in the hands of such officer a other perfon respectively.

LXXVII. And be it further enacted, That if any person, wha hath been or fhall be appointed a treasurer, or receiver, collector, clerk, furveyor, or other officer as aforefaid, fhall refuit or neglect to deliver up to the faid truftees, or any five or more of them, being thereunto required by the faid trustees, or any five or more of them, either by a perfonal demand, or by writing under their hands, left at the laft ufual place of abode of luch treasurer or receiver, collector, clerk, furveyor, or other officer, at a certain time and place to be appointed, all the books, papers, and writings, in his or their cuftody or power relating to the truits and powers by the faid recited act or this act granted to the faid trustees, it fhall and may be lawful for one or more juftice or juftices of the peace, on the complaint of the a truftees, or any five or more of them, by warrant under the hands and feals, to commit fuch perfon or perfons to the common gaol of the county wherein he or they fhall dwell, there to remain without bail or mainprize, until he or they fhall deliver, or caufe to be delivered, to the faid trustees, or any five or mor of them, or to their order, all or any of the faid hooks, paper, and writings, or thall have given an account thereof to the atisfaction of the faid trustees, or any five or more of them.

LXXVIII. And whereas by the faid recited act, passed in th twelfth year of the reign of his late Majefly, it is, among other

fums to the

bings, enacted, That the governor and company of the New River all pay, or caufe to be paid, unto fuch perfon and perfons as the uftees appointed in or by virtue of the faid act, or any ten or more of em, fhould, from time to time, by writing under their hands, ap int, the feveral yearly fums of money in the faid att particularly entioned, in the manner and at the times therein mentioned; which id yearly fums were directed to be applied for the better prefervation id improvement of the navigation of the river Lee, as therein menoned, and for purchafing, building, or biring, locks or weirs upon e faid river, and for other the purposes in the faid act mentioned; it therefore further enacted, That from and after the paffing f this act, the faid governor and company thall pay, or caufe New River be paid, to the faid truftees appointed in or by virtue of this company to , or any five or more of them, or to fuch perfon or perfons pay certain they, or any feven or more of them, fhall, from time to time, trustees. y writing under their hands, appoint, and at fuch time or times s in the faid act is appointed for payment thereof, the said seve l yearly fums of money, and all arrears thereof; and the faid Iveral yearly fums of money, or annual payments, and all arears thereof, fhall be, and the fame are hereby, vefted in the id trustees appointed in or by virtue of this act, and shall be y them, or any five or more of them, from time to time, aplied to the uses and for the purposes of this act; and the faid uftees, or any five or more of them, fhall be, and they are ereby, veited with the fame powers and authorities for the deanding and recovering the faid feveral yearly fums of money r annual payments, or any part or parts thereof which shall be ehind or unpaid, as fully and effectually, to all intents and urposes, as the fame are given to, or vetted in, the trustees apointed in or by virtue of the faid recited act.

LXXIX. And be it further enacted, That it shall and may be Trustees to wful to and for the faid truftees appointed in or by virtue of fettle achis act, or any five or more of them, to fettle and adjuft with counts with e treasurer, clerk, or any other officer or officers of the trustees &c. under the the officers, ppointed by virtue of the faid recited act, or any other perfon former act, r persons whomsoever, any accounts depending between them and to pay the fpectively, and the faid truftees appointed by the faid recited balance. t; and out of the monies to be raised or paid by virtue of this , to pay all fuch fums of money as fhall be coming due on the lance of fuch accounts from the truftees appointed by virtue f the faid recited act, to the perfon or perfons to whom the me fhall appear to be due; which payments fhall be an effec1al difcharge to the trustees appointed by the faid recited act : nd that all and every fum and fums of money now or at any me hereafter to be due or owing from fuch treasurer, clerk, or her officer or officers, or any other perfon or perfons, to the id trustees appointed by virtue of the faid recited act; and all ecurities for money, belonging to fuch trustees, in the hands f fuch treasurer or other perfon or perfons, are hereby vested in he faid trustees appointed in or by virtue of this act, to be by em, or any five or more of them, from time to time, applied