Page:Ruffhead - The Statutes at Large - vol 7.djvu/588

^568 Anno vicefimo feptimo Georgii If. A. D. 1754. Dcbl of the Cor- poration atLadj-- Day 1723. C. 19. five thoufand Acres lying within the North Level : And v/hereas the faid Corporation, in order to fupport and prcferve the feveral Worlcs for draining the faid Great Level, were obliged to borrow feverai Sums of Money on Bonds, under their Corr>monSeal ; and by that means, ztLail)-D..y one thoufand feven hun- dred and twenty-eight, had conuacted Debts, amounting in the Whole to the principal Sum of feven- teen thoufand one hundred and fifty Pounds ; and fome new Works being neceiiary for better draining the faid Norih Levd, Part of the faid Great Level, by Lidenture bearing Date the twenty-ninth Day of Alay one thoufand feven liundrtd and twenty-eight, and made, or mentioned to be made, between tlie Governor, BailifFs, and Commonalty of the Company of Confervators of the faid Great Level of the Fens of the one Part, and the noi 'i:^dbs. William Duie. oi DevonJJjire, Guardian of the moft Noble JVriothtJley then Duke of Bedford, a Minor, and the Right Honourable Hemj then Earl of Lincoln, of the other Part ; after reciting the faid AQ: of the fifteenth Year of his late Majefty King Charles the Se- cond • and that the faid Great Level of the Fens was then diftinguiflied by the feveral Names of the North Level, the Middle Level, and the Eotith Level; and that fuch Part of the faid Great Level, as was diftino-uiflied by the Name of the North Level, did contain about forty thoufand Acres of Land, of which there were about eleven thoufand fix hundred Acres of Land, fubject to the faid Taxes, and that the faid t)iiQ oi Bedford and Earl oi Lincoln were Owners or Proprietors of great Part thereof; and further reciting. That the faid Duke oi Devonfhire, as Guardian of the faid Duke oi Bedford, and the faid Earl of Lincoln, for the Prefervation of the ref pe6tive Eftates of the faid Duke of Bedford and Earl of Lincoln, in the faid North Level, did in the then lait Summer actually lay out and expend the Sum of three thoufand four hundred Pounds, the Monies of the faid Dukp of Beclford znA Earl of Lincoln, in proportion to their faid refpe£i:ive Eftates, in regaining and keeping open the Outfall for the Waters of the faid North Level to Sea, and in doing feveral other neceffary and material Works, which had tended greatly to%vards the Draining and Prefervation of all the Efl:ates in the faid Norih Level; but by reafon of the many and fre- quent Floods which had of late Years happened, and the Infufficiency of the Banks and Works of the faid North Level to refift the fame, and particularly by reafon of theWeaknefs and Lownefs of the Bank on the North Side Maretoris Leame Wajh, next the faid North Level, the greateft Part of the Lands within the faid Level had then lately been, and were fubjeft to be drowned, fo that little or no Profit could_ be made thereof, nor could the {zA North Level be effeftually drained or fecured for the future, unlefs the faid North Bank was to be enlarged and ftrengthened; and therefore the faid Governor, Bailiffs, and Commonalty had refolved to make a Canal in the faid Wafli, and other Works there, for ftrengthening and enlarginiT the faid North Bank, the Charge of all which would amount at leaft to fix thoufand fix hundred Pounds ; and further reciting. That the faid Duke of DevonJInre, on the faid Duke of Bedford' ■i Behalf, and with his Confent, and the faid Earl of Lincoln, at the Requeft of the faid Governor, Bailiffs, and Commonalty, had agreed to advance the faid fix thoufand fix hundred Pounds, for the Purpofes afore- faid, in proportion to their faid refpedive Eftates in the faid North Level; and that the faid Governor, Bailiff^, and Commonalty had agreed that the Taxes, Revenues, ani Rents, annually laid and arifing upon and out of the Lands in the faid North Level only, fhould be made a Security for Repayment as well of the faid three thoufand four hundred Pounds, then already laid out, as for the Jaid fis. thoufand fix hundred Pounds to be laid out, and Intereft at the Rate of four Pounds per Centum per Amnim ; and were defirous, and had propofed, that the faid Duke of Devonfnrc, and Earl of Lincoln, lliould have not only the Direftion and Difpofal of the faid fix thoufand fix hundred Pounds, jn making the faid Canal and other new Works, but alfo that the faid Duke of Devonflnr:, and Earl of Lincoln, during the Minority of the faid Duke of Bedford, and afterwards the faid Duke of Bedford, and Earl of Lincoln, their refpccHve Heirs and Affigns, fhould have the Diredion, Difpofal, and Management of the faid Taxes, Revenues, and Rents of the faid North Level, to be by them employed and difpofed in and about the repairing and maintaining the Works of the faid North Level, and making and fupporting fuch other 'Works as fhould be nece'ffary or conducing to the effeftual draining, fecuring, and prefer'ing of th? faid Ncrth Level ; and ■for and towards the Payment of the faid Principal Sums of three thoufand four hundred Pounds, and fix thoufand fix hundred Pounds, with Intereft as aforefaid, until the faid Principal Sums of three thoufand four hundred Pounds, and fix thoufand fix hundred Pounds, and Intereft, fhould be fully paid and fatif- fied ; it is witneffed, That in confideration of the PremilTes, and for fecuring the Repayment of the faid feveral Sums of three thoufand four hundred Potmds, and fix thoufand fix hundred Pounds, and Intereft as aforefaid ; and for the better enabling the faid Dukes of Devonfnire and Bedford, and the faid of Lincoln, to complete their good Defigns of eft'edtually draining, fecuring, and preferving the faid North LtVil,hy making the faid Canal and other Works, which the laid Governor, Bailifts, Knd Commonalty were fen- fible would be of great Benefit and Advantage to all the Eftates in the fame Level ; they the faid Gover- nor, Bailiffs, and Commonalty, for themfclves and their Succeflors, did covenant and agree, to and with the faid Dukes of Devonf ire and Bedford, and the faid Earl of Lincoln refpeftively, and their refpectivc Heirs and Affigns, that it fliould and might be lawful to and for the faid Duke of brvcnjkire, and Earl of Lincoln, their Agents or Servants, didy authorized, during the A'linority of the (aid Duke of Bedford., and after the faid Duke of ^tYz/jr^ fhould have attained his Age of twenty-one Years, and fliould have confirmed that Agreement, for the faid Duke of Bedford and Earl of Lincoln, their refpedive Heirs and Affigns, their Agents or Servants, didy authorized, without the Interriiption or Denial of the laid Go- vernor, Bailifts, and Commonalty, or their Succefibrs, to afk for and demand, hae, receive, and take of and from the Receiver General for the Time being of the faid Corporation yearly, and every "^ ear, as the fame ftiould become due, and be paid to the faid Receiver General, fo much and fuch Part of the faid Taxes, to be annually laid on the faid ninety-five thouiand Acres, as fliould be the Share and Proportion of the Lands within the faid Norih Level liable thereto, together with a-'l other the Rents and Revenues ' M'hat-