Page:Ruffhead - The Statutes at Large - vol 8.djvu/181

A. D. 1757' Anno tncefimo Georgii II. C. 36. 14.7 XLIII. And be it further enailcd by the Authority aforefaid. That from Time to Time, and at all Mr. Collier to . Times hereafter, the Owner or Owners for the Time being of certain Lands and Grounds now in the Support h.sSank* Pofieffion of James Collier Efquire, and lying contiguous to the faid firft and fecond Diftridls, fliali. main- tain and fupport in good and fufficient Repair, all fuch Banks as are now maintained, fupported and re- paired by the Proprietors or Occupiers of iuch Lands, by way of Fence and Outring Bank, againd the Lands in the faid Diftrids ; and if at any Time hereafter the Water (hall overflow fuch Banks (except fuch Overflowing fliall be occafioned by a Breach of the Great Wafli Banks of the Corporation) or if the Water {hall pafs through any Breach therein into the faid refpedtive Diftrifts, or either of them, and the faid James Collier Efquire, or any future Owner or Owners, or the Occupier or Occupiers of fuch Lands as aforefaid, fhall not immediately upon Notice thereof being delivered to him, her or them, or Jeft at his, her or their Place or Places of Abode, or at the Place or Places of Abode of fuch Occupier or Occupiers, raife or repair the faid Banks in fuch Manner as may prevent the Overflowing or Paiiage of the Water as aforefaid; then and as often as fuch Cafe {hall fo happen, it {hall be lawful for the faid Commiflioners for the faid firft, third, fifth and fixth Diftrids, or the Commiflioncrs for the faid fecond Diftri(St, or any five or more of them refpedlively, from Time to Time to caufe fuch Banks to be raifed and repaired in fuch Manner as may efFe6lually prevent fuch Overflowing or Pallage of the Water as aforefaid ; and the Expences necefl'arily incurred in raifing or repairing fuch Banks fiiall be reimburfed to the faid refped^ive Commillioners by the faid James Collier Efquire, or the future Owner or Owners of fuch Lands, or the Occupier or Occupiers thereof, and in cafe of Non-payment fhall and may be levied by Diftrefs and Sale of the Goods and Chattels of fuch Occupier or Occupiers refpeffively, by Warrant or Precept under the Hands of any three or more of fuch refpecSfive Commiffioners (which Warrant or Precept fuch Commiflioners, or any three of them are hereby impowered and required to grant for that Purpofe) rendering the Overplus to fuch Occupier or Occupiers, after fuch Expences and the Charges of fuch Diftrefs and bale fhall be deduced ; and if the Tenant or Tenants of fuch Lands fhall, upon fuch Notice as aforefaid, raife or repair any fuch Bank at his, her or their own Expence, or {liall pay the Expence of doing thereof as aforeiaid, by the Direction of fuch refpeftive Commiflioners, or any five or more of them; or in cafe fuch Expence {hall be levied on him, her or them, the fame {hall be dedudled by fuch Tenant or Tenants out of his, her or their Rent, and {hall be allowed by fuch Owner or Ow- ners (unlefs an Agreement {hall be made to the contrary between fuch Owner or Owners and Tenant or Tenants) in fuch Manner as the Taxes paid by the Tenants are by this Act directed to be de- ducted and allowed; and if any Difpute fhall arife between any fuch Occupiers and the faid Com- mifTioners, touching the Amount of the Expences which {hall have neceflTarily incurred in raifing or repairing fuch Banks, fuch Difpute {hall be finally determined and fettled in fuch Manner as Difputes with relation to Lands being or not being deemed Highlands, are by this Act directed to be determined. XLIV. And be it further enacted by the Authority aforefaid, That the Commiflioners for the fecond Outring Ditch Diftrict, or any five or more of them, {hall from Time to Time caufe the Outring Ditch, on the Side nE«toMr. Col- of the faid Lands belonging to James Collier Efquire, and now or late in the Pofleffion of Robert ^"^^ ^^^f' ^° Glenton and Owen Grey, to be fcoured and cleanfed as often as {hall be neceflTary, and the Soil which fliall be taken out of fuch Drain, {hall be laid upon the faid Lands, to be ufed by the Owner or Owners thereof in fupporting and repairing the Banks on fuch Lands, abutting againft the faid fecond Diftrict. XLV. Provided always, and be it further ena£led by the Authority aforefaid, That all the Waters How Waters draining from the Lands in the faid firft Diftridl {hall be difcharged into the River A^^w^, and not are to be drained otherwife; and the Waters draining from the Lands in the faid fecond Diftridl fhall be difcharged into ^°^J,^""°^'^ the faid Sixteen Foot Drain, and not otherwife j any Thing herein before contained to the contrary not- withftanding. XLVL Provided alfo, and be it further enabled by the Authority aforefaid. That from and after the No Trees to be firft Day of Augufl one thoufand feven hundred and fifty-feven, no Trees or Holts {hall be planted nearer P'^n'^j^ withm to any Mill which {hall be erecled or employed for the Purpofes of this hOi than twenty Poles, being the Mill°*^° ^^^ Pole of eighteen Feet; and if any Perfon or Perfons {hall plant any Tree or Holt within the Space afore- faid, every fuch Perfon {hall forfeit the Sum of one Shilling for every Tree and five Pounds for every Holt fo planted; and fuch Trees and Holts fhall and may be taken up and carried away, by fuch Perfon or Perfons as {hall be authorized for that Purpofe by the faid Commiflioners, or any five or more of them, for the refpedlive Diftri£l wherein or in relation whereto fuch Offence {liall be committed; and it fhall be lawful for fuch Perfon or Perfons as fhall be authorized for that Purpofe by the faid refpedive Com- miflioners, or any five or more of them, to cut down any Trees or Holts, which fhall be growing within the Diftance of twenty Poles from any Mill erected or employed for the Purpofes of this Act, at the Time fuch Mill fhall be fo erected or firft ufed, making fuch Satisfaction to the Owner of fuch Trees or Holts as fhall be agreed upon between fuch Owner and the faid Commiflioners, or any five or more of them ; or in cafe of Difference, as {liall be afcertained by the Juftices of the Peace at any Quarter- Seflj on which fnall be held for the faid IJle of Ely within fix Months after the cutting down fuch Trees or Holts : And fuch Penalties fhall be recovered and and applied in fuch Manner as the Penalties for making Wapering-places in Mill Drains are herein before directed to be recovered ai>d applied. U? XLVILPro-