Page:Ruffhead - The Statutes at Large - vol 3.djvu/332

 2S4 C, 17- Anno decimo quinto Carol I IL A. D. 1663. Act cJeclaiec], as to the faid eighty-three thoufand Acres ReAdue of the faid ninety-five thoufand Acres • i and fhall iet forih to the faid Corporation in Trufi: for the Participants or Adventurers, whole Proportion flial! be fo altered or exchanged, in Lieu of fiich Part as fhall be fo altered, exchanged or reftored, fuch other Proportions in fuch other Places within the faid Level, as to the faid Commifiioners, or any feven or more of them, fliall feem juft and reafonable, according to the Proportions and Places v/hich ought and jnight have been by Lynne and Saint Jvcs Law aforefaid, to be held and enjoyed of the Manor o( Eaft Green- ivich, to the End there may be no Diminution of the faid ninety-five thoufand Acres; (z) and where it Ihall appear upon Complaint of the faid Corporation before the faid Commiffioners, or any feven or more of them, that any of the Proportions of the faid ninety-five thoufand Acres heretofore fet forth to Francis Earl of Bedfird, his then Participants and Afligns, do fall fhort in the Quantity of Acres for which the fame were fet forth and allotted, according to the faid Laws oi Lymie and Si. Ives, the faid Commiffioners, or any feven or more of them, iliall within the faid Term of four Years aforefaid appoint the fame to be fupplied and made up out of the Grounds where the fame was fo allotted to be fet forth, to make up the faid Pro- portion of ninety-five thoufand Acres. (3) And in Cafe the faid Earl oi Bedford, and his Participants, or the faid Corporation, fliall through or by Reafon of their Undertaking or Dreining aforefaid, in the fixtii Year of his late Majefly's Reign, of ever blefled Memory, have done or hereafter fliall do any KSk. or Ads to the Prejudice of Navigation, and whereby Navigation in the faid Rivers of Ovjfe and Grant, and all ■other Rivers now navigable paffing through the faid Level, and the River of Weft%vatcr, being a Branch of the River oi Oxvfo, if it be confident with the Dreining, or in any of them, or fuch Drove-ways or Bridges vi'ithin and without the faid Level, as have been made or caufed to be made by the Adventurers, and have been by them maintained, unlefs there be fome Agreement to the contrary, be or hereafter fhair be interrupted, obftrutfed and made ^yorfe ; that then the faid Commifiioners, or any feven or more of them, whereof the Vice-Chancellor for the Univerfity of Cambridge, the Mayor of the Town of Cambridge, and the Mayor of the Town oi Kings-Lynne for the Time being, to be three, if they upon Notice left at their refpeftive Habitations fhall think fit to be prefent, from Time to 1 ime fhall and may decree the fame to be made good and amended, at the proper Cofl:s and Charges of the faid Corporation, within a convenient Time, as to their Judgments fhall feem meet : (4) And in Cafe it fliall happen and fo fall out, that the faid Corporation {hall negleft or refufe to repair and make good the fame, according to the Order and Decree of the faid Commiffioners, and within the Time limited by them; that then it fhall and may be lawful to and for the faid Commiffioners, or any feven or more of them, by Warrant under their Hands and Seals attefted, to Tax the faid ninety-five thoufand Acres in fuch Sum and Sums of Money as in their Judg- ments fliall feem meet, for the making, preferving and keeping the Navigation in any of the aforefaid Ri- vers, as the fame was in the faid fixth Year of the faid King Charles the Firft ; which faid Sum or Sums of Money fo to be afiefied or taxed by the Commiffioners aforefaid, fhall within twenty Days next after Notice -thereof given to the Governor or Treafurer of the faid Corporation, be paid unto fuch Perfon or Perfons as the faid Commiffioners fhall nominate and appoint to receive the fame. (5) And in Cafe the faid Governor or Treafurer of the faid Corporation, after Notice fo given as aforefaid, fhall refufe or negle£l to pay the' faid Sum or Sums of Money as aforefaid. That then the faid Commiffioners, or any feven or more of them, lliall have full Power and Authority to impower the faid Perfon or Perfons to levy the faid Sum -or Suras of Money by Diftrefs or Diftreffes to be taken upon the faid ninety-five thoufand Acres, or any Part thereof^ and to make Sale of the faid Difbrefs or Difirefles fo taken, and fell the fame, and render the Overplus unto the faid Governor or Treafurer, deducting the reafonable Charges for their Labour and Pains therein : {6) All which faid Sum or Sums of Money fo to be taxed and levied by the Authority aforefaid, fhall be ex- pended and laid out in preferving and keeping the faid Navigation as aforefaid, and maintaining the fame, according to the true Intent and Meaning of this Statute, and not otherwife. (7) And the faid Commiffio- ners, or any feven or more of them, are alfo hereby impowered and authorized within the Space of four Years from the four and twentieth Day o'i'June in the Year of our Lord one thoufand fix hundred fixty and three, to afcertain and divide the Precinfts and Boundaries of fuch Parts of the iaid refpetSive Counties, Lordfhips, Manors and Parifnes within the faid Level, as have been by and fince the Undertaking, defaced and made obfcure, or by fome other Means remain uncertain and hard to be found out, and fhall fet dovi'n fuch Bounds and Divifions in Writing, by fuch Marks, Boundaries and Defcriptions as to them ftiall feem meet, and (hall certify the fame under their Hands and Seals in the High Court of Chancery; (Sj accord- ing to which Divifion of the faid Commiffioners, or any feven or more of them, the Extent of the faid re- fpeftive Counties, Lordfhips, Manors and Parifhes in fuch Places fo bounded and divided, fhall for ever after the faid Certificate be deemed to be, and none other : fq) And in Cafe the Qiiantity of eight thoufand Acres lying together or near together, or any greater Quantity of Ground lying together or near together ■within the faid Level, fhall become drowned, and fo continue for the Space of twelve Months together: That then it fhall be lawful for the faid Commiffioners for the Time being, or any feven or more of them, from Time to Time, and at all Times, to alTefs Taxes or Sums of Money upon the faid ninety-five thou- fand Acres, for the raifing the Money for Dreining the fame again, in fuch Proportion as they, or any feven or niDie of them, fhall think fit, together with a Penalty for not paying the faid Taxes, the faid Penalty not : exceeding a third Part of fuch Tax. How tanjs may XXVll. And for Default of Payment of the faid Taxes or Sums of Money and Penalties^ Be it enai^ed, be lold foi-Non- Yhat the Lot and Share of fuch Participant or Adventurer of and within the faid ninety-five thoufand payment rf^^^ Acres, as fhall be in Arrear for the faid Tax, Sum of Money or Penalty, and unpaid by the Space of two fiji;^ Months next after the Day appointed for Payment by the faid Commiffioners, or any feven or more of them, or fo much thereof as they fhall think fit, fhall be fequeftred by the (aid Commiffioners, or any fe- ven or more of them, for or towards the Payment of fuch Tax, Sum of Money, or Penalty fo in Arrear, adlorinft the Overplus of the Money for which fuch Lot or Share, or any Part thereof, flaall be fequeilred; if