Page:Ruffhead - The Statutes at Large - vol 8.djvu/725

686 ■VV'orks cf 'Drainage or cscepr, &c. Part of Aft 21 & 23 Car. 2. c. 25. repealed, //. B. This of Car. z. n tf Private Acl. No Toll fo be paid for Plealurs Boats. coin. C. 32. Anno fecundo Georgii III. A. D. 1762. CXVII. Providtd always, and be it further enacted. That Lodowtck^s Gowt, or other Works al- N'aviga^ion notfubjeft to ready made or to be made or cre(Stcd by virtue of this Aft, either for the Purpofe of Drainage or Ccn.rnifiionersoiSeweis, Jvf avigation, or any Lands, Gowts, Sewers. Drains, Watercourfos, or other Matter or Thing what- foever, within the Boundaries of the low Lands and Fens particularly defcribed by this Ad>, fhall not be fubjeit to the Controul, Direftion, Survey, or Order of any CommifTion of Sewers, or any Law or Statute relating to, Sewers ; any thing in any former Law or Statute to the contrary thereof notwithftanding ; fave and. except fuch Lands which are now liable to contribute to the Repair of Rcdjhjie Giwt, and the Drain called Nizv Hcmmoid Beck leading thereto ; which in refpecl to thofe Repairs only {hail Hill remain under the Jurifdiclion of the Commiflioners of Sewers, but exempt in every other. CXVIII. And be it further enafted, That fo much of an A£l paffcd in the twenty-fccond and twenty-third Years of the Reign of his Majefty King Charles the Second, intituled, yf« ASi for improving the Navigation between the Town c/'Bolion and the River Trent, as relates to the improving the faid Navigation between Lincoln High Bridge, through Bojion, to the Sea, (hall from and after the paffing of this Aft be and the fame is hereby repealed. CXIX. Provided always, and be it further enacted, That no Toll or Duty fhall be demanded or taken for any Pleafure Boat for pafling through all or any of the Locks to be made or crefted in or upon the faid River, or upon the Branches thereof, provided there be no Goods or Merchandize carried therein, or for any Boat, Barge, Lighter or other Veflel, laden with any Materials for car- Rcfervation of Rights, rying on the Works cf Drainage ; and that the Lord or Lords of the refpeftive Manors, or any other Perion whomfoever, fhall have full Liberty to fifh, fowl, and cxercife all other Rights and Royal- ties on the faid River, or any other Rivers running into the fame, or any of the Branches thereof, which they have ufually exercifed and enjoyed, and to which they are now legally intitled ; anv thing herein contained to the contrary notwithilanding ; fo that the Exercife of fuch Rights and Royalties fhall not interfere with or interrupt the Execution of this Aft, or the free U fe of the faid Navigation. . dN ■■ - C^-X* Provided always, and be it enafted by the Authority aforefaid. That in Cafe the Commif- tion "nct^mnpleaterfn" ^oncrs appointed by and under this A6t do not, within foui teen Years after the pafling the fame 14 Years, Mayor, &c. of into a Law, make perfeft and compleat the Drainage of the low Lands, from the Eaft End of Lincoln to undertake it, Canvjick Ivgs to the Weftcrn Boundaries of the faid Drainage towards Lincoln^ and alfo a Navigation tromCanwick Ings to from the Eaft End of the faid 7;?^^ to the High Bridge in the City oi Lincoln, according to the true rn'n"'^ ^"^'"" ^'"' I"t^"t ^"^ Meaning of this Aft-, that then, and in fuch Cafe, it fliall and may be lawful for the Mayor, Sheriffs, Citizens, and Commonalty of the City of Lincohi, to enter upon, undertake, make perfeft and compleat the faid Works for Drainage and Navigation, within feven Years af- ter from the Eaft End o' Canwick Ings to the Places aforefaid, under the fame Rules, Orders, and Rcftriftions, to which the Commiflioners, in and by tliis Aft appointed, are fubjtft ; and they are hereby invcitcd with the like Powers and Authorities in that Behalf, but liable to the Controul of any five or m.ore of the faid Commiflioners of Drainage, afting under the Powers of this Aft, in cat'e they fhould exceed the Powers to them hereby granted ; and that it fhall and may be lawful for them to take and receive a Toll, not exceeding three Pence /)fr Ton for all Veflels pafling and re- pafliing, and alfo the Tax charged upon the Lands on both Sides the River within the aforefaid Li- mits, according to that Proportion of Tax which fliall be laid, from time to time, by the general Commiflioners of Drainage, on the firft and third Diftridt-; and in cafe the faid Mayor, Sheriffs, Citizens, and Commonalty of the City o{ Lincoln, do not make perfeft and compleat the faid Works within feven Years from the Expiration of the aforefaid fourteen Years ^ the fame fliall revert to the Commiflioners under this Aft ; any thing contained in this Aft to the contrary notwithftanding : And in cafe any Difpute {liall arife, whether the Drainage and Navigation within the aforefaid Li- mits are compleat at the End of either of the above recited Terms of fourteen or feven Years, it (hall and rnay be lawful for the Juftices of Peace for the Divifion of Kejieven, in the County of Lincoln, upon Application to them made, to hear and determine the fame at their General Qiiarter-Sefllon ; and fuch Determination fhall be final and conclufive to all Parties whatfoever. CXXL And be it further enafted, That if any Aftion, Suit, or Information, fliall be brought or commenced againft any Perfon or Perfons, for any thing done or to be done in purfuance of this Aft, or in the Execution of the Powers and Authorities, or the Orders or Dircftions herein before given or granted, every fuch Aftion, Suit, or Information, fhall be commenced and brought within fix Calendar Months next after the Eaft committed, and not afterwards, and fliall be laid and brought in the faid County oi Lincoln, or in the County of the City o^ Lincoln, wherein the Faft fliall be committed, and not elfewherc ; and the Perfon or Perfons fo fued or profecuted fliall or may plead the General Iflue, and give this Aft and the Special Matter in Evidence at any Trial to be had thereupon, and that the fame was done in purfuance and by the Authority of this Aft : And if it fliall appear to have been fo done, or if any Aftion, Suit or Information fliall be brought af- ter the Time before limited for bringing the fame, or fliall be brought in any other County or Place than as aforefaid ; then, and in fuch Cafe or Cafes, the Jury fhall find for the Defendant or Defen- dants ; or if the Plaintift" or Plaintiffs fliall become nonfuited, or fuft'cr a Difcontinuancc of his, her or their Aftion, Suit, or Information, after the Defendant or Defendants fliall have appeared, or if a Verdift fliall pafs againft the Plaintiff' or Plaintiffs, or if upon Demurrer or otherwife, Judg- ment fliall be given againlt ilic Plaintiff" or Plaintiffs, the Defendant or Defendant fliall have 'I'rcble 2 Cofts, Limitaticn of Af^ions. General KTue. Ticble Ccfli.