Proviso. 
How the size of rafts or arks and ton- 
nage of boats shall be ascertained. 
Proceeding in case the owner, &c. de- 
clines choosing a person. 
Penalty for impeding the navigation or 
injuring the dams, locks, &c. 
Proceeding in case of not keeping the 
locks, &c, in repair, or not removing 
obstructions, &c. 
think proper, to erect on the land which they may previously have pur- 
chased from the owner or owners, or to sell in fee simple, lease or rent 
for one or more years, the said water to any person or persons, to be 
used in such manner and on such terms as they may think proper: 
Provided, It be so done that it shall not at any time impede or interrupt 
the navigation. 
Sect. 7. And be it further enacted by the authority aforesaid, That 
in order to ascertain the size of arks and rafts, and the tonnage of boats 
using and passing the said navigation, and to prevent disputes between 
the supercargoes and collectors of tolls concerning the same, upon the 
request of the owner, skipper or supercargo of such boat, raft or ark, or 
of the collector of said tolls, it shall and may be lawful for each of them 
to choose one skilful person to measure and ascertain the size of said 
raft or ark, and the tonnage the said boat is capable of carrying, and 
to mark the said tonnage so ascertained in figures upon the head and 
stern of said boat, in colours mixed with oil or other durable matter, 
and that the said boat or vessel so measured and marked, shall be 
permitted to pass on the said navigation for the price to which the num- 
ber of tons so marked on her shall amount, agreeably to the rates per 
ton hereinafter established. And if the owner, skipper or supercargo 
of any raft, ark or boat, shall decline choosing a person resident within 
two miles of the place where the said toll is payable, to ascertain the ton- 
nage thereof, then the amount of such tonnage shall be fixed and ascer- 
tained by the person appointed for that purpose by the said Josiah 
White, George F. A. Hauto and Erskine Hazard, their heirs and assigns, 
or chosen by the said collector of tolls, and the tolls shall be paid accord- 
ing to such measurement, before any such boat, raft or ark shall be 
permitted to pass the place where such toll is made payable. 
Sect. 8. And be it further enacted by the authority aforesaid, That 
if any person or persons shall wilfully and knowingly do any act or thing 
whereby the navigation shall be impeded, or any dam, lock, gate, canal, 
engine, machine, property or device whatsoever thereunto belonging, 
shall be injured or damaged, he, she or they so offending shall forfeit 
and pay to the said Josiah White, George F. A. Hauto and Erskine 
Hazard, their heirs and assigns, four times the amount of the damages 
by them sustained, together with costs, to be recovered by action of 
debt before a justice of the peace, or in any court of competent 
jurisdiction. 
Srcr. 9. And be it further enacted by the authority aforesaid, That 
if the said Josiah White, George F. A. Hauto and Erskine Hazard, their 
heirs and assigns, shall neglect or refuse to keep in good order or 
repair, any dam, lock or sluice of their own construction, or shall neglect 
to remove any obstacle which may occur, so that boats, arks, rafts or 
other vessels may safely navigate the said river at the times and in the 
manner fixed in the first section of this act, on the complaint of any 
person or persons to the judges of the court of common pleas in the 
county where such default occurs, it shall and may be lawful for the 
said judges (due notice thereof in writing being previously given by 
PAPER 72: ANTHRACITE IN THE LEHIGH VALLEY 125 
