Page:Ruffhead - The Statutes at Large - vol 8.djvu/713

This page needs to be proofread.

674 C. 32> Anno fecundo Georgii III. A. D. 1762. and the Tanneh conti- nued at How Bridge. LVII. And be It further ena£led, That the Tunnels in Wildmore Fen Bank, at the End of How W a fufficient Quantity cannot be ilVoed lor Cat' Bed of the Witham, where not inclofed, veft- cd in the Comminioners. The Sea Sluice and Ri- vers Co be maintained at the general Charge. Staunches to keep back Land Water, how to be erected. Bridge Drain, fhall be likewife continued for taking in Water into Wildmore and WeJ} Fens in dry Seafons for the Ufe of Cattle, fo as fuch Tunnels be placed and fet as low as the fame can be. LVIII. Provided always, That if it (hall be found that the Water in the River IVitham fhall be fo low as that a fufficient Quantity cannot be ilTued and taken thereout for the Ufe of Cattle in Commmioa'^rrof the ^^'^^^^'^ -^«. then the Commiflioners of the fourth Diftria, or any five or more of them, fhall and 4.°h Dirt rift may place ^n^V) ^-^^ they are hereby authorized and impowered to place, or caufe to be placed, removeable rt moveable Shuttles to Shuttles on the Top of the Land Door at the Grand Staunch, fo as to raife the Water in the new raiil- the Water. intended River to fuch a Height as to ifTue Water in dry Seafons through the faid Tunnel into the faid Fens for the Purpofes aforefaid j but fubje<5l neverthelefs to be removed and abated by the gene- ral Commiffioners, or any five or more of them, if they fhall find the fame prejudicial to the Drain- age intended by this A(5l. I/IX. And be it further enabled. That the Site or Bed of the old River JFitham, where the fame is not already inclofed, fhall be, and the fame is hereby vefted in the general Commiffioners, to be by them, or any five or more of them, applied and difpofed of in fuch Manner as they fliall think neceifary and proper for the general Works of Drainage. LX. And be it further enacted. That the necellary Charges and Expences of maintaining and fupporting the Sea Sluice, the Another River, and all other the Rivers, Becks, Drains, and living Waters herein before particularly direfted to be fcoured and deepened, and the Banks thereof, and all other Works which the faid general Commiffioners, or any five or more of them, fhall order and dire(£l to be performed for the General Works of Drainage, fhall be paid and defrayed by and out of the Money to be raifed for the general Works of Drainage, by virtue and in purfu- ance of this h£t. LXI. And be it further ena(5ted. That no Staunch or Land Door fhall be ereded in the faid River Witham, within the Limits aforefaid, or in any Rivers or Drains running into the faid River ll'itham, within the Limits aforefaid, already made, or which fhall be made in purfuance of this Act, fo as that the Water may be thereby kept up higher than within two Feet of the loweft Lands lying above fuch Staunch or Land Door, except for the Ufe of Cattle as before mentioned j nor any Staunch or Land Door at Lincoln High Bridge, or between the faid Bridge and Wajhingborough Ferry, that fliall not be at lead two Feet lower than the loweft Lands in Canvuick Ings any thing in this Act contained to the contrary notwithftanding. LXII. And be it further enacted. That the Commiffioners of the faid refpe£tive Diftri^s, or any five or more of them, fhall and may, and they are hereby authorized and impowered to make Ex- changes of any Fen or common Lands, which fhall be feparated by any fuch Cut to be made for the Purpofes of this A(51.

  • LXIII And whereas, according to the Plan herein before prefcribed, the ancient and publick

' High Road leading from Tntterjhall Town to and over Tatterjhall Ferry, and to the Town of 5/7-

  • linghcy, will be in a great Meafure covered by Part of the Banks which are to be thrown up and
  • made on the North and South Sides of the River Ifitham, at and near Tatterjhall Ferry, and by
  • the Bank which is to be thrown up and made on the North Weft Side of Billinghay Skirth',' Be it

therefore further enaded. That it fhall and may be lawful for the^ prefent Proprietor of the faid Ferry, or his Heirs and Affigns, to preferve and continue the faid Ferry, and all Rights and Privi- leges belonging to the fame, in as full and ample Manner as the fame is now enjoyed j and alfo that the faid High Road, now leading from Tatterjhall to the faid Ferry, fhall be and remain over the Bank intended to be raifed by virtue of this Adt on the North Side of the River Witham, free and open to all his Majefty's Subjeds ; this Adt or any thing herein contained to the contrary notwith- ftanding : And that the faid Road leading from the faid Ferry to Billinghay {ha.] pafs and be upon the Bank which fhall be made by virtue of this A(ft upon the North Weft Side o( Billinghay Skirth, which is hereby declared and cnacfted to be a publick and common Highway for all his Majefty's Subjects paffing and re-paffing on Foot, or with Horfes, Cattle, Carts, and other Carriages ; and that fuch Pcrfon or Perfons as, by reafon of Tenure or otherwife howfoever, are now bound to repair the laft-mcntioned Part of the faid Road, fhall and may, and fuch Perfon and Perfons arc hereby impowered and required, from time to time, as often as Occafion (hall require, to re- pair, amend, and fuftain fuch new Road, to be formed upon the faid Bank in Manner aforefaid,

'.nd for that Purpofc to enlarge the faid Bank in Breadth to any Dimenfions, not exceeding forty

Ftct in the whole. LXIV. Provided always, That the faid Bank fhall for ever be and remain at the Icaft twelve Feet ; sicirthnot to he icit than and that nothing fhall be done upon or in relation to the faid Road or Ferry which fhall in any wife li Feet tn Width. impede, obftrud, or make worfe the Drainage or Navigation intended by this A(St, or any Works ncccflary or proper for effecting the fame ; and that the Materials for amending and fupporting the fame fliall and may be taken out of the faid River called Billinghay Skirth, and out of fuch Part of the faid River Witham adjoining to the faid Ferry, as fhall be found moft convenient for the Puipofcs aforefaid, and fo adjudged by the faid Commiffioners for Drainage, or any five or more of theni, by Writing under their Hands and Seals.

  • LXV. And whereas there has been, for Time immemorial, feveral other ferrying Places acrofs
  • the faid Rivv-T Witham, the Property of divers Lords of Manors, or other Perfons ;' Be it theicfore

cnadted. That it ftiall and may be lawful for the prefent Proprietors of the faid Ferries, their Heirs or AffigMs, to preferve and continue the faid Ferries, and all Rights and Privileges belonging to the I fame. CommiiTioners of the D r.rifls to exchange Liinds feparattd by the iievv Cut. The Ferry and Road b t .veen Tatterlliail and li.ilin^hay preferved. Hank ot' Ciiiingliay R jhn of Owncri of Fffjiei refervcd.