Page:Ruffhead - The Statutes at Large - vol 8.djvu/712

A. D. 1762; Anno feciindo Georgii III. C. 32. 673 XLIX. Provided always, That nothing herein contained fhall extend to prevent or hinder the Lords of Manors may Lord of any Manor or other Owner or Proprietor of Lands within any of the faid feveral Diftii£ts, make Dlvif.on Dykes at from making, or caufing to be made, any Drains or Divifion Dykes, or other Works, at their the'r^*" E/p^"";/'; liv^i.i ... ij, J, _ , i- n- ^ • I 1 r I T-k • r^* T r» 1,«„ i „ not to interfere With the own Expence, withm their own Lands refpedtively ; provided luch Drams or Uivilion Uykes ao works of Drainage. rot detriment or interfere with the general or private Works of Drainage to be performed by virtue of this A.51:. L. And be it further enaded and declared. That the General Commiffioners for Drainage, or any Lodowick's Gowtto be five or more of them, (hall, out of the Money to be by them raifed, pay to the Surveyors of Holland ^^P?J^^^'^ ^t tt»e general Fen the Sum of one hundred Pounds, in confideration of the Works by them done to LodsivicFs '^'^^^' Gciut ; and that from the Time that the faid general Works of Drainage fnall be begun, until the Water of the River 7Vitha?n at Chappel Hill fhall be turned into the new River before defcribed, and from theiice difcharged by the grand Sluice, Lodoxvick' Gowt fliall, for the Safety of the Country, be fupported and maintained at the general Charge, and fo much longer as the General Commiffioners, or any eleven or more of them, (hall think the fame conducive towards efFeiling the Purpofes of the general Drainage, but not afterwards. LI. and be it further enacted. That the general Commiffioners, or any five or niore of them, Tunnels under Kyn«- fhall and may caufe the Tunnels funk xxn^^ei Ky me- Eau zndi Billinghay-Sktrths to be removed and Eau and Bilhnghay- ^ taken away, leaving the Materials for the Ufe of the Ov/ners thereof; and that no cut, Channel, ^'^"^'"^ ^° °^ """"^^ ' or Tunnel, fiiall at any Time thereafter be made or laid in the Places aforefaid, or in any other Place, for diverting any of the Water out of the faid PJver Witham^ except as herein after mention- ed : And if any fuch Cut, Channel, or Tunnel, fhall be fo made or laid, the faid Commiffioners, or any five or more of them, fhall caufe the fame to be filled up, abated, or removed, and, by Var- rant under their Hands and Seals, to caufe the Charges attending the fame to be levied by Diftrefs and Sale of the Goods and Chatties of the Offender, returning the Overplus (if any) when demand- ed, to the Perfon or Pcrfons whofe Goods and Chatties fhall be fo diftrained and fold. LII. And be it further enaded. That in cafe the low Lands and Fens Iving in North Kynie and P<'pf='f« of L^"^^ i«  Billinghay Dales, h(:twxt Kyme-Eau znd Billingbay-Sklrths, fhall not^ be fufficiently drained by the j^_;;;^J ^^^^^^ Expedients aforefaid, fo as to ifTue and convey their Downfall and Soakage Waters into A3';;/t--ii.«; Tunnel under Kyme- or the River IVithafn zhovc Chappel Hill, the Owners and Proprietors of fuch low Lands and Fens Eau, if Oci-afjoa. refpciSlively may, when they think the fame neceflary, and they are hereby impowered to lay a Tunnel under Kyme-Eau betwixt Driiry Dyke and the l^wenty-foot Drain, not exceeding two Feet fquare, for conveying fuch Waters into the River JVitham through Langrike Gowt^ fo as fuch Tun- nel be laid fo low and fo efFedually built and fecured as not to obftrudt the neceflary deepening of Kyme-Eau, or the free PalTage of the Waters thereof into the River JVitham. LIII. Provided always. That if the aforefaid Proprietors fhall fufFer any Waters more than the faid Downfall and Soakage to be conveyed through the faid Tunnel, then, and in fuch Cafe, the Commiffioners of the fecond Diftridl", or any five or more of them, fhall and may, and they are hereby authorized and impowered, to remove and take av/ay fuch Tunnel ; and the Lands intended to be benefited thereby fliall thereupon be difcharged from contributing towards the Ex- , pence of Red Stone Gowt. LIV. Provided alfo. That it flnall and may be lawful to and for the Proprietors of the Tunnel Dampford Tunnel to be called Damp ford Tunnel, now lying under the faid Kyme-Eau, to continue the fimie, but fubject to*^"""""^^} and under the like Re{iri>51ions and Provifions as are herein before mentioned, provided, and de- rlared, of and concerning fuch Tunnel as is herein befoi"c licenfed or permitted to be laid or con- tinued under Kyme-Eau. LV, Provided alfo, That the Tunnel lying through the 'io'Ct^^V oi Kyme-Eaii'm South Kymc.^^'^^^^'^^'^'^^'^'^^^ near Damp ford Sluice, and alfo the Tunnel in Dog-dyke for conveying Water into Elolland Fen and ^^^^^(^"j^"^^^" ^ '" '^ TVildrnore Fen refjiedtively, fhall and may be continued for the Purpofc only of Conveying Water into the fame Fens refped^tivcly, and the Eleven Towns having Right of Common in Holland Fen aforefaid, according to ancient Cuftom, for the Ufe of Cattle in dry Seafons ; and alfo that Hechlngton Tunnel, and all other old linnels, except as before dircificd to be removed, may be ufed and continued as heretofore for the fame Purpofc, provided the fame do not exceed nine Inches fquare. LVI. And be it further enacted. That it fliall and may be lawful for the faid General Commif- A moveable Staunch to fioners, or any five or more of them, to liccnfe, order or appoint fuch other Tunnels, not exceed- ^'^ ^^'?^'^ '"^^'i"-'^^"' ing nine Inches fquare, in and through any of the Banks of the faid feveral Rivers and Drains re- "^'^ '^"'^^" ^ ^' fpe£l:ively, for conveying Water into any other of the low Grounds or Fens fo intended to be tlrained as aforefaid for the watering of Cattle in dry Seafons only, as the faid Commiffioners, or any five or more of them, fnall think proper and rcquifite: And alfo that it fhall and may be lawful to and for the eleven Commiffioners for the eleven Towns, having Common Right in Holland Fen, together with the Com.miffioneis for North and South Kyme, or the major Part of them, to fct or caufe to be fet down a moveable Staunch in Kyme-Eau above Drury-Dyke, {o as fuch Staunch be made no higher than will be necefiary to turn the V/ater into the Tunnels through the Banks into HclLnd Fen, North Kyme and South Kymc, and to appoint proper Perfons to look after the fame, and to caufe the Charge and Expence attending the fame to be paid and defrayed by and out of the JMo- n6y arifing or produced by any Incloiure of Lands in Holland Fen (fubjcdl nevcrthelefs to the Di- rciStion and Controul of the general Commjffioners for the Drainage, or any five or mere of them) upon Complaint to them made of any Damage fuftained thercbv. ■•Vol. Vin. 4 jR, LVIL And