Page:Ruffhead - The Statutes at Large - vol 2.djvu/767

 A. D. r6cr. Anno xliii Regime ExIzabbth C. i r. a:.I will :i I ' W *»im tlut ftull fin .' to th ■ Poo'i ol ni • Pai ifh w the O XIII. Provided alu fs, That i 11 an) I li ig id re from any lawful ■'■ is 11 aln ady in that Behalf. (2) Th ntinuc till t> qo longer. XIV. Provided alfo neverth ! I, That if any unwrought Cloth Peniftorie, Fri , Rugg, or any ochi 1 un ' • tlicy be or fhall be of, ti been formerly tcntered, (train I tr.it y m the true Inte >t ol thi , Coifs andChai 1 (bis Realm: and after fu delivered unto tfi i M deer or Scl ■ and thereupon (hall or may re rqation, in any of her Eiighnel Courts Confent the- fame was fo tentercd, llraincd or ftrctcned. (" 3 Car. '• c - 4- continued until the I firft Scfliou of the next Parliament, and farther continu [6 Car. 1. c. 4. J ljac.l.t.15. 4';'.i.. 1. .. 2. fJtK.l, c. 16. nC.-r.z.. ::. is tt 13 Car. *. ft, II tf 1 •'.-...:■-. C . I I (/'. . I, c, 15 & .11. lit.., i..'. :•;-. 7 I.'... a. f.aj. ill..;.... C A P. XI. An Act: for the Recovering of many hundred thou land Acres of Marines, and othrr Grounds fubject commonly to furrounding, within the Ids of Ely and the Counties of Cambria . Huntington, Northampton, Lincoln, Norfolk, Suffolk, Suffix, EJfex, Kent, and the JPatatine of Durham. W 'HEREAS it is apparent to fuch as have travelled in the Execution of Con.:-. Ifle and Counties aforefaid, that the Waftes, Commons. .. Fenny Gl ' Benefit would arife to herMajcfry, her Heirs and Succeffbrs, difburdening her Highnefs of many i h i ' Habitations being there erefted, and in like .Sort profitable unto many hei Subjects, botl B 4 Politick as Corporate, who have Efbtc of Inheritance, and other Intcrcff within the fame: '?) A ' for that the Draining and Making dry and profitable of thofe furroun led Grd n ' for that the greater Part of them arc Waftes and Commons fub ' divers have Common by Prescription, by reafon of their Refiancy and !. ' Commons, nor their Intereft therein, can by the Common Law be extinguished, or granted tu bind ' others which fhould inhabit there afterwards ; (3) And in that alfo it appcareth, that the Commoner! in ' refpect of their Poverty are unable to pay the great Charges to fuch as ihould undertake the Recovery of ' the lame :' II. It may pleafe your Majefty, That by your Highnefs, and the Lords Spiritual and Temporal, and ti. " Commons, in this prefent Parliament aflerribled, and the Authority of the fame, It may be 1 1 the Lord or Lords, as well Bodies Politick or Corporate, as any other Perfon or Perfon whatfoevcr, ol and every the Waftes and Commons aforefaid, and the moll: of the Commoners for the particulai • mons, and likewife the Owners, and fuch as have or fhall have Intereft in any fcveral furri .rids lying within or near the fame, may contract or bargain for Part o fuch Commons, Waftes and Scverals aforefaid, with fuch Perfon and Perfons which will undertake the Draining and Keeping dry perpetually the Severals, Waftes and Commons of that Quality : (%) Which Contract and nces thereupon made, fhall be good and available in Law to all Conftructions and Purpofes, againft the l.si ! Lords of the faid Soil, and Owners of Several, and their Heirs, Succcffors arid Affigns, and all the Com- ^k moners, and fuch as fhall or might have Common or Intereft there afterwards, according to the C ntr. ct, ^^ Covenants, Provifions and Agreements in thofe Conveyances to be fpecified, and for fo much of inch Com- mons, Waft:s or Scverals, as ilu.ll be fo contracted or conveyed, to hold and enjoy in Severalty to fuch Pet fen and Perfons, his or their Aflignee or Ailignees, as fhall or have undertaken the fame, in fuch .Man- ner and Form as his or their Eftates and Intereft arc or fhall be, by or upon fuch Contracts or Agreements, by fuch Conveyances limited and appointed. III. Provided notwithstanding, and be it enacted by the Authority aforefaid, That in all Cafi your Highnefs, your Heirs and Succe.Tors, is or fhall be Lord or Owner of the Freehold of the c oil o fuch * Waftes or Commons, or any Part of the fame, That the moil Part of the Commoners in fuch your High nefs Soil fhall or may contract, bargain, affign, and fet forth, as is aforefaid, Part of their Common there- cor • in, to any Perfon or Perfons which will undertake the Draining of that whole Common (according as the Put Lords and the moit Part of the Commoners in the furrounded Waftes and Commons aforefaid of Bodies Politick or Corporate may do as is before declared;) (2) which fhall bind, and be good and available againft Ojtnrr
 * fubjeft to furrounding, may be recovered by (kilful and able Undertakers, whereby great and incftima
 * Banks and Works of Sewers within thbfe furrounded Grounds, as the Increafeof many able Sub}