Page:Ruffhead - The Statutes at Large - vol 7.djvu/697

A. D. 1756. Amio vicefimo nono Georgii IL C. 22. 677 bounded and defcribed as aforefaid, which (hall be afleffed or rated by virtue of this Afl:, are hereby re- quired and authorized to pay fuch Sum and Sums of Money, as fiiall be fo affeffed, rated and charged upon fuch Fen Lands and Low Grounds, and to dedu6l out of the Rent fo much of the faid Affeffment or Rate, as the faid Fen Lands and Low Grounds, or the Tenant or Tenants in refpeft thereof, ihall be affeffed or rated at; and the Landlords, both mediate and immediate, according to their refpedlive Inte- rerts, are hereby required to allow fuch Dedudion and Payment, upon Receipt of the Refidue of their Rent ; and every Tenant paying fuch Affeflinent or Rate, fliallbe acquitted and diicharged for fo much Money as the faid AffeiTment or Rate Ihall amount unto, as if the fame had been adlually paid to the Perfon or Perfons intitled to the Rent of fuch Lands and Grounds, except v^here there is a Leafe of three or more Years to come, from the Commencement of this AA ; in which Cafe the Proportion of the Af- in cafe of a feffment or Rate, which the Tenant ought to bear and pay, in Confideration of the Benefit he receives ^'^■^- Tenant by fuch Leafe, ihall be adjufted and awarded by thirteen or more of the Commiflioners for putting this ponion? ™' Act in Execution. XVIIL Provided always, and it is hereby further enacted. That in cafe any of the faid Fen Lands or Lards unoccu- Low (yrounds (hall at any Time hereafter be untenanted or unoccupied, fo that no fufficient Diftrefs P"^^' '°. "="?«'" can be found whereon to levy the faid Rates and Taxes, then the Lands and Grounds charged witl; Pay'^^ent rf'the tjie faid Rates and Taxes, Ihall always remain a Security for Payment thereof; and all Goods and Tax. Chattels which fiiall at any Time thenafter be found upon fuch Lands cr Grounds, (hail and may be diftrained, kept, appraiied and fold, in Manner aforefaid, until all Arrears of the faid Rates and Taxes and the Charges of fuch Diftrefs (liall be tully paid and fatisfied. XIX. Provided always, and be it further enaded. That it fnall and may be lawful for JVilUam Cd£^-°-^^^°°'-^^'?. Efquire, Owner of certain imbanked Lands in Pymoor, vv-hich have been dug up into Turf, con- ^'t^'^'o^'^uK up taining one hundred and fourteen Acres, or thereabouts, and llkewife for the Worlhipful Francis Tophani^ in Turf. Dodlor of Laws, Leffee under the Right Reverend the Lord Bifliop of Eh, of a certain Trait of im.- banked Lauds called T?i? /';-_)';'/;, ^'va.'gxnA<tr Downham Park, and for their' refpedtive Heirs, Executors, Adminiftrators and Affigns, at their own proper Charges and Expences, to maintain ana continue fuch Banks as are now (tandingj for the Prefervation of the faid Lands ; and alfo to maintain and woik one Mill or Engine on each of the faid 1 raits of Land, for throwing off the Waters towards the Outfall, - — in like A^anner as they have heretofore done; and alfo for the Owners and Occupiers of fuch other Parts of the faid Fen Lands comprifed within the Diftrict intended to be drained Isy this A'5t, as are Arable, and produce Winter Crops, or have actually been, dug up into Turf, to ere6t Horfe-Mills, or oiher fmall Engines thereon, in order to drain fuch Lands fo as to preferve the faid Crops, and to render the Lands io dug up ufeful, and for no other Purpofe whatlbever. XX. And be it ' " - - — .- • ^ the faid Fen Lane (hall fill up, or make or refufe fulficiently to rode, fcour, cleanfe, open or repair, fuch Outring or Divifion Dike, after twenty- vX"s'^'-u"ovrr one Days Notice given to him, her or them, for that Purpofe, by the Collector or Colleilors, Receiver them^'the^ or Receivers, for the Time being, appointed by virtue of this A6t, then it (hall be lawful for fuch Owners neg- Co]lecT:or or Colleftors, Receiver or Receivers, to caufe fuch Dike to be roded, fcoured and cleanfed, in '^^""S '^^ '° "^°" a fuScient Manner; and where there is not a futiicient Tunnel under fuch Ways, to caufe thofe Ways to be taken up, and made fo wide and deep as the Dike ought to be ; and by Warrant or Precept under Charges to hz^ the Hands and Seals of thirteen or more of the faid Commiffionirs (which Warra-.t or Precept fuch ownc-r"or Oc^ Conmiiffioncrs, or any thirteen or more of them, are hertby impovvered and required, from Time to cupiers. Time, to make, as Occafion fhall require) to levy the Charge thereof upon the Goods and Chattels of fuch Owner or Owners, Occupier or Occupiers, by Diiirefs and Sale of his, her or iheir Goods and Chattels, upon the Ground and Fremiffes to which fuch Dike or Dikes, Way or W^ays, doth or do, or (hall refpedively belong (over and above the other Rates and Taxes chargeable or to he charged upon the fa:d Ground and Fremiffes by virtue of this A6t.) rendering the Overplus (it any) to iuch Owner or Owners, Occupier or Occupiers refpedively, when demanded, after ail Charges paid. XXL Provided always, and be it further enacted by the Authority aforefaid. That if any Tunnel or ^°S]^'^f|°"^. Tunnels (hall be laid tor taking Water out cf the River Oufe, or the Hundred Foot River,' the Bottom hying ot"^*"* of fuch Tunnel or Tunnels, for taking Water out of the Hundred Foot River, fliall not at any Time be Tunnels. laid more than three Feet below the Surface or Level of the adjacent Ground ; and the Bottom of fuch Tunnel cr Tunnels, for taking Water out of the River O'nje, Ihall not at any Time be laid more than two Feet beiow the Surface or Level of the adjacent Ground : And if any Perfon (hall lay the Bottom of r^"ify P"^^"^': •any fuch Tunnel lov/er than three or two Feet refpedively, as aforefaid, below the Surface or Level of '=™'°'"""s- the adiaccnt Ground, and (hall be lawfully convicted thereof, before any Juftice of the Peace of the - - . by the Hand and Seal of the Juftice before whom he cr fhe fi'iall be convided as atore!a;d. XXIi. And be it further enaded, That if any ...Perfon or Per!cns_ fliall, at any Time or Times ^^«JV^^y^"For';_^ hereafter, wilfully cr mallcioully cut, throw down or deftroy any of the Banks, Works or Engmes fo downordefuoyl fo be made or ereded as aforefaid, or by any ways hinder, obftrud: or lay open any of the Cuts, ing Banks or Drains or other Works to be made for draining cr improving the faid Fens or Lov.- Grounds as afore- °'"" "^'""'J^'r faid, and (hail be thereof convicted upon Oath before two Juftices of the Peace for the. laid IfJe of Ely, if the Offence (hail be committed within th.e faid lile, or before two Juftices of the Peace for the faid County of