Page:Ruffhead - The Statutes at Large - vol 3.djvu/334

 2 86 C. 17. Anno declmo quinto Caroli II. A. D. 1663^^ the ninety-five thoufand Acres, to fuch Perfon or Perfons whofe Lands or Intereft therein (by any new! Works hereafter to be made by the faid Corporation within the faid Level, for conveying of the Waters of the faid Level by convenient Outfalls to the SeaJ (hall be made worfe'in Quality, Condition or Value, than they were before the faid Undertaking in the faid fixth Year of the faid late King Charles, proportion- able to the Lofs and Damage the Parties fliall receive thereby. Owners of XXXVIII. And to the End that the Owners of the Commons and Waftes in the faid Level and other Wafics and Towns, Parifhes and Places, unto which the Works aforefaid, or any of them, do extend, may improve Commons may j-j^g fame by making Divifions. and Inclofures ; (z) Be it provided and enafted by the Authority aforefaid, 'i6'X°i7'ciir 2 That it fhall and may be lawful for any Perfon or Perfons, Body Politick or Corporate whatlbever, their c. I,, in Part ' Heirs and Succefibrs, that are or fhall be Lords of Manors, or have or fliall have Rights of Common in the repcuicd by faid Wafte, to improve, fet out, inclofe, divide and fever fuch Proportion or Proportions as to them fhall ' Jac. z. c. %:. or may feverally or refpeftively belong or appertain, or be adjudged and allotted out of the faid Commons or any of them, do extend, and to hold fuch Proportion in Severalty at ail Times of the Year; (3) and all Differences- that fhall arife concerning the Boundaries of the Wafi:es, Rights of Commion, Approve- ments, A.llotments, Divifions and Inclofure.";, fhall from Time to Time, and at all Times, be determined, adjudged, and finally ended, by the faid Commiffioners for the Time being, or any feven or more of them, upon their View, or Examination of WitnefTes upon Oath (which they are hei-eby authorized to admini- fter) or upon both, and hearing of the Parties concerned, by their Adjudication under their Hands and Seals in Writing, which Determination and Judgment being certified into the Petty-Bag, there to be filed, and kept on Record, fnall be final and conclufive unto all Parties : (4) And the Allotments, Divifions and Proportions fo adjudged or decreed to be held by the faid refpective Perfons to whom they are fo fet out, fhall be held by him or them, and his and their Fleirs, Executors and Affigns refpeftively, according to his or their Tenure or Tenures, Eftate, Title or Interefl they had in the Manors, Tenements and Lands, for v/hich they claimed the faid Proportions of Common, as aforefaid ; paying fuch Fines and Rents, and do- ing fuch Services in Proportion for the fame, as by Cuftom or otherwife they are to pay or do, and do for the Manors, Tenements and Lands for which they claim the fame Proportion, having fuch Refpeft to the yearly Values of the one and the other, as fliall (if Need fo require) be limited by feven or more of the Commiffioners. XXXIX. Provided alfo, and be it enafted. That it fhall and may be lawful to and for fuch Perfon and fittion. Mead- Perfons as were heretofore Owners of the one hundred feventy-five Acres in Sutton, No>-th and South Head' -''"■^- land, in the faid Ifle of Ely, fet out by the faid Law of St. Ives, as a Recompence for Dreining the whole North and South Meadlands, containing about one thoufand Acres, their Heirs or Affigns, to fue and im- plead before the faid Commiffioners, or any feven or more of them, the Owners and Occupiers of the faid North and South Meadlands, or elfewhere within the faid Great Level, to draw them into Contribution for their fcveral and refpeftive Proportions of the faid North and South Meadlands, towards the faid one hundred feventy-five Acres. (2) And the faid Commiffioners, or any feven or more of them, fhall thereupon ad- judge and decree unto the faid Owners of the faid one hundred feventy-five Acres, or fuch of them as they iliall think fit, and to their Heirs and Affigns, fuch Recompence and Satisfaftion, either in Ready Money, yearly Rent, or Land, out of the Refidue of the North and South Meadlands, as to the faid Commiffioners; or any feven or more of them, fhall feem meet, to be held and enjoyed by the faid Owners of the faid one hundred feventy-five Acres, their Heirs and Affigns. XL. Provided always, and be it enafted. That it fhall and may be lawful to and for Sir John TFatts Londoners Fenn. Knight, and others, who derive any Intereft under the Dreiners of that Fenn called Londoners-Fenn, his and their Heirs and Affigns, to fue and implead all and every Perfon and Perfons, their Executors and Ad- miniftrators, that have taken and received the Rents and Profits of his or their Share and Proportion of Lon- doners-Fenn, remaining from, the Share and Proportion alltotted and fet out by the faid Law of St. Ives fince the faid Level was adjudged Dreined, and to fue for and recover the fame in any of his Majefty's Courts at Weftminfler ; (z) and alio, That it fliall and may be lawful to and for the faid Sir John Watts and the Par- ticipants aforeiaid, his and t'neir Heirs and Affigns, heretofore Owners of the feveral Proportions in Zii»f doners-Fenn, fet out by St. Ives Law for the Adventurers Recompence for Dreining the Low Grounds in Upwell, Out- Uptvell, Outivell ani iFelnev-, to purfiie and profecute before the Hiid Commiffioners, or any feven or more well, Welney. of them, thoir Claim, and fue for Relief, againfl: the Owners or Occupiers of the Fenny and Low fur- rounded Groimds lying in Uptuell, Outvjell ^nd JVelney aforefaid, whofe Grounds did not ?.ll contribute, oi" not in equal Proportion, to the faid ninety-five thoufand Acres, to draw them into Contribution, in Eafeof the fai<l Sir John IFaits and the Participants aforefaid : and thereupon the faid Comniiff.oners, or any feven or more of them, are hereby impowered to adjudge and decree unto the faid Sir John Watts and the Par- ticipants aforefaid, his and their Heirs and Affigns, fuch Proportion out of the faid Grounds which have not - equally contributed as aforefaid, as to the faid Commifiioners, or any feven or more, fliall feem meet. XLI. Provided always, and be it enafted. That it fhall and may be lawful for the King's Majefly, and the Qi^ieen's Miijefty, their Heirs, Succefibrs and Affigns, to continue in the Pofleffion, Ufage and Difpofal Bo.ifedale. of the Bank called Doufedale-Bank, being on the South-fide of His Majefiy's Demefne Lands called Port- Eink. Sand, belonging to their Manor of Cr(3iy/i7H.-/, being Part thereof, and to have fuch ancient Pailagesand Currents as of Right have been ufed and accuftomed, for the Avoidance of Water through the fame int6 the River South-Eae, as if this Ad had never been made. How and for XLII. Provided always, and be it enafted by the Authority aforefaid. That it iha'l and may be lawful what Time to and for every Archbifliop, Bifhop, Dean and Chapter, and all Colleges and Halls in cither Univerfity,, j^.'j^^^'^"^' and all Bodies Politick and Corporate, who are or fhall be Lords of Manors, or have or fnall have Ric;ht of in'ny"mlke'^' ?'^ °'' 9°"'"'"°" '" ^^^ Wafl:es within this faid Level, or witlvin fuch other Towns, Paridies and Places Leafes. i'lto which the Works of the Dreining aforefaid do oi fhall extend, and who are by this AGs. impowered to improve.
 * ' ''• and Waftes within the faid Level, or within any Town, Parifh or Place, into which the Works aforefaid,