Page:Ruffhead - The Statutes at Large - vol 8.djvu/225

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A. D. I757* Anno tricefimo primo Georgii II. C. i8. 191 the Plaintiff or Informer to prove that the Defendant ailed as a Cominiflioner, or deputed or appointed a Perfon to a<5t, or voted for, or in the Choice of any Perfon or Perfons toadl as Commiffioner or Commif- fioners in the ExecDtion of this A£t, and a Verdict fliall be found againft the Defendant, unlefs he or flie fhall prove in hi'j or her Defence, that he or {he was at the Time of his or her fo acting, deputing or ap- pointing, or voting, quahfied according to the true Intent and Meaning of this A(5t. V. And, for the better putting this A6t in Execution ; Be it further enacted by the Authority aforefaid, Comminioners That the faid Commiflioners, or any feven or more of them, {hall meet twice in every Year ; 'l;/W^//V^/, f'^ meet twxe in Upon the laft TImrfday in March at Soha?n aforefaid, and upon the lafl Turfday in September at Ely aforefaid, ^^"^^ ^'^!' °"^ or at fuch other Time or Times at Soham aforefaid, as they (hall fee Caufe or think convenient (purfuaat cefflry.' ' "** ■to Notice in Writing for that Purpofe, figned by any feven or more of the faid Commiflioners, and affixed upon the Market Crofs at Ely^ and the Church Doors at Soham, IJleham and Wicken, fix Days at the leaft before any fuch Meeting, except thofe upon the lail Thurfday in March and September ; the firft Meeting to Firft General be at the Lamb Inn in Ely, upon the third Thurfday after the pafling of this A61) and may from time to Meetias when time adjourn themfelves, and meet again purfuant to fuch Adjournments, as often as they fliall think '° ^^ '■'^'t*' proper. VI. Provided always, and jt is hereby further enadled, That towards defraying the Expences of the faid Allowance to '.«  Commiflioners, upon account of their Attendance at any of the Meetings to be held as aforefaid, for put- '"!'^5 '° ^""^" ting this Acft in Execution, the Sum of one Shilling and no more, fhall be paid by the Collector or Re- ']^gj^°^YtcId! ceiver of the Rates and Taxes afTefTed by virtue of this Aft, to each of the f.iid Commiflioners prefent at any ance. fuch Meeting, and fhall be allowed in the Accounts of fuch Collector or Receiver as fo much Money paid for the Purpofes of this Aft, but fo that the whole Expence at any one Meeting fhall not exceed the Sum of twenty Shillings ; any thing herein contained to the contrary notwithftanding. VII. And be it further cnafted by the Authority aforefaid, That the faid Commiflioners, or the major Commiflioners Part of them, fuch major Part being not leis than feven, aflembltd at fuch Meeting or Meetings to be held impowered to as aforefaid, fhall have full Power, and are hereby authorized, from time to' time, and at ail Times here-"^^"^ .after, at their Wills and Pleafures, to raife and flrengthcn the faid Eaft Banks of the Rivers Cam or Grant, Brn"ksot'"h and Ouze, and the faid South Bank of Mildenhall River; and alfo the Banks on each Side of Soham Drain, Rivers Cam, ohtx-v;{Q Barroway Load, and of Clipfhall Rivulet ; and alfo to cleanfe out, widen and deepen the Drain Ouze, &r. and called Middle Fen Drain, from Barroway Load to Shell Tunnell; another Drain running from a Place near "^ ^^^ feverai the faid Soham Drain or Barroway Load, between Henncy Hill and Soham Coates, through or under a Bridge ^f^ms; and to called Del/ Bridge, and from thence by or through Norney Fen and Great Metlam in Soham, unto Mildenhall n^ek'"andBi-d"s' River another Drain called the Sixteen Foot Drain, running from the Hard Lands of Soham into Milden- and'to rcpair'the hall River ; and another Drain leading from a Place near the faid Hard Lands of IJleham, through IJlehajn fame, &c. Cojnynon and IVeJl Fen in IJleham, for conveying the Waters into a Drain lying between the faid Common and certain Lands belonging to Bedford Level (ZoxpoxdLtxon, and by a Tunnel to be made from the faid Drain through the South Bank of Mildenhall River, into the faid River ; and alfo to make and fiipport the Bridges over, and Tunnels in the faid Drains, or any of them ; and alfo to ereft, work, fupport and repair fuch and fo many Mills or Engines, not exceeding nine in Number, unlefs by the Confent of the faid Corpora- tion, upon or near the Banks of the aforeiaid Rivers ; and to make and caufe to be made, through the faid Banks, fuch Tunnels or Outlets from each of the faid Mills for the throwing out and difcharging the Wa- ters from the faid Fen Lands or Low Grounds above defcribed, into the faid Rivers; and alfo to cleanfe, deepen and v/iden fuch other Drains ; and likewife to make and fupport fuch other Banks, Bridges, Cuts, Drains, Dams, Outlets and Works, within the aforefaid Boundaries of the above defcribed Fen Lands and Low Grounds (but not in the Invefted Lands belonging to the faid Corporation without their Confent) for Inverted Lands draining and conveying the Waters therefrom, into the Cam, otherwife Gra-it, Ouze and Mildenhall Rivers, nottoben-eddkd or any of them, through the Banks of any of thofe Rivers, in fuch Manner as fl:iall by them the faid Com- ^"^' without miflioners, or the major Part of them, as aforefaid, be thought fit, necelTary and convenient, without any ^,°" ^^'/'* '"^ Let, Hindrance, Obffruftion, or Controul, of from or by the faid Governor, Bailiffs and Commonalty of the Company of Confervators of the Great Level of the Fens, or their SuccefTors, in any Manner, or under any Right whatfoever ; and further alfo, to take and ufe fuch Earth and Ground, near or adjoining to the faid Banks, as fhall be necefTary for the making, raifmg, ftrengthening and maintaining thereof, as the faid Commiflioners, or the major Part of them affembled at fuch Meeting or Meetings, as aforefaid, fnall think necefTary and proper ; and alfo to make Orders and give Direftions for carrying on and for the better Go- Pp^er of ma- vernment and more orderly Management of all the faid Works, and the Maintenance thereof. king Orders. VIII. Provided always. That if the faid Commiflioners fhall make, or caufe to be made, any Bank, Cut, Satisfartion to Drain, Dam, Tunnel, Outlet, or other Work, in or through any feverai Grounds, or ereft or make, or e made to pri- caufe to be e"reftcd or made, any Engine or Engines, or other V/^ork thereupon, or fhall take or ufe any JL^'^^^'^"'^*'^'*'" Earth or Ground thereout, they fhall pay fuch a reafonable Satisfadtion to the Peribn or Perfons having Right ti ea-^GiVund^ '" to the faid feverai Grounds, in or through v/hich fuch Bank, Cut, Drain, Dam, Tunnel, Outlet or other Work fhall be made, or whereupon fuch Engineer Enstines, or other Work, fhall be erefted, or from whence fuch Earth or Ground fnall be taken or ufed, for the Dam.age done thereby, as fhall be agreed upon between the faid Commiffioners affembled as aforefaid, or the major Parr of them, fuch major Part being not lefs than feven, and the Perfon or Perfons having Right to fuch feverai Grounds; and if the faid Commif- To be dctermln- fioners, and inch Perfon or Perfons, cannot agree about the Value of fuch Damage, then as fluill be afTeffed ed.incafeot Dif- and adjudged reafonable, by the Juftices of the Peace, or the major Part of them, not intereffed in the Pre- ference by ih<;' mifles, or in the Fen Lands to be drained by virtue of this Aftv-at any General or Qiiarter-Sefllon of i'|'l^|.j^'^5^i.^^ • the Peace to be held for the faid County of Cambridge^ within twelve Months after fuch Damage fhiiU be ^^""^"'^ ""'^* done. IX. Provided alfo, and it is hereby further enaftcd and declared. That this Aft^ or any Thing herein Navigation of; hi> contained, fhall not extend, or be conflrued to extend, to mipower the faid CommiiTioners auoointed for 'Vr'l,"! !" '"' ' putting **'^"'"^^'^"