Page:Ruffhead - The Statutes at Large - vol 3.djvu/335

 A.D. 1663. Anno decimo quinto Carol I H. C. 17. 287 improve, fct out, inclofc, divide and fever fuch Proportion or Proportions as to them fliall or may refpec- tively belong or appertain, out of the faid Commons and Waftes within the faid Level, to dcmife by In- denture all and every the faid fuch Proportifm or ProporlionH as to them fl;iall or may refpc^tively belong or appertain, out of the laid Commons and Waftcs within the faid Level, v/hich have not by exprcfs Words, and under any particular Rent, been at any Time formerly dcmii'ed, for any 7'crm or Number of Years, not exceeding one and twenty Years, fo as upon every fuch Dcmife or Lcafc be refcrvcd the fourth Part of the true yearly Value, to be afcertained by the Conmiiffioner'; aforefaid or any feven of them, due and pay- able yearly during the faid Term, to liim or them and his and their Succeilors. XLIIL Provided always, and be it declared by and with the Confcnt of all Parties conceriied. That nei- ther this Aft nor any Thing therein contained mall extend or be conihued to extend to alter the Pofieinon o Thomas Chicheky, Efq; of or from fix hundred feventy-one Acres, Parcel of the Lot now claimed to be- • long to the faid Truftees of Henry late Larl oi Arundel and Surrey, and two hundred thirty-one Acres, Parcel of the Lot now claimed to belong to the faid Sir William Terringbcim, or from any Part thereof, by him the faid Thomas Chlcheley now enjoyed under Purchafers by Sales for Nonpayment of Taxes upon the ' Difpute between the old and new Adventurers ; but that the faid Corporation fliall execute Conveyances ' of the faid refpeftive Proportion unto the faid Thomas Chichehy, his Heirs and Afllgns ; any Thing herein I contained to the contrary thereof in any wife notwithflanding. i XLIV. Provided always, and be it enafted, That all fuch Right or Rights as any Lord or Lords of any ] Manor or Manors, Liberties, Flundred or Half-Hundred, have heretofore had v/ithin their refpective Ma- I nor or Manors, Liberties, Hundred or Half-Hundred, within or without the faid Level, to Waifs, Strays,. .„ Felons Goods, Privileges of Arrefts, Efcheats and all other Royalties not prejudicial to the Dreining, be j to the contrary thereof notwithftanding. ! XLV. Provided always. That this Aft, or any Thing therein contained, fliall not be interpreted to in- fringe or any Way to v/eaken an Aft made the fourth Y'ear of the Reign of King James, intituled, A7t A£l 4 J^c r. c. 13: ' for the Dreining of certain Fens and Low Grounds within the IJIe of Ely, fubjeSl to Hurt hy firrrounding, con- tqining about fix thoufand Acres, compaffed about with certain Banks, commonly called and named. The Ring of ' Walterfea arid Coldham ; but the faid Aft fhall ftand in full Force and Virtue ; any Thing in this prefent Aft to the contrary notwithftanding. ' XLVL Provided alfo, That whereas divers Lands in and near adjoining unto the faid Great Level, have ' been cut through for the better Conveying of the Waters from the fame, and for upholding or repairing ' the Banks and VVorks there, without making Satisfaftion to the refpeftive Owners of the faid Lands, for ' the Damage they have fuftained by fuch Cutting,' (2) Be it further enafted, That the faid Commiffip- iiers for the Time being, or any feven or more of them, upon Complaint to them made of fuch Damage ' fuftained as aforefaid, without Recompence for the fame, fhall be and are hereby impowered to award and decree fuch Recompence and Satisfaftion to the Party and Parties grieved, according to their refpeftive Da- mages fuftained by fuch Cutting, as to the faid Commiflioners for the Time being, or any feven or more of them, fhall be adjudged reafonable, the faid Recompence and Satisfaftion to be made and given by the faid Corporation within fix Months next after fuch Award or Decree made; (3) and in Default thereof, the faid Com.rniffioners, or any kvcn or more of them, fhall and may, and are hereby impowered to rate and tax the faid ninety-five thoufand Acres, and to diftrain thereupon for the P.iyment of fuch Rate or Tax, and the Diftrefs taken thereupon to fell or difpofe as they fhall think fit, (rendring the Overplus, if any be, to .the Owners) for the Payment and Satisfaftion of fuch Monies and Damages as fhall be fo awarded; any Thin^ in this Aft to the contrary thereof notwithftanding. XLA^'IL Provided ncverthelefs. That in cafe the Judicature hereby eftabliftied, fhall not, within twelve ^^^ Earcns of Months froin the firft Day ol Augi'Ji next, hear and determine all the Matters by this Aft to them referred, the Exthequer concerning the faid ninety-five thoufand Acres, all and every fuch Perfon and Perfons whofe Complaint fnall in- powered to l5e then undetermined, may make their Applications to the Barons of his Majefty's Court of Exchequer, who h^r and deter- are hereby eftablifhed a Court of Judicature, and fufficiently authorized to hear and determine all fuch Con- ^"^""l ''p^*^!!';" tfoyerfies and Differences between the faid Parties, in as large and ample Manner to all Intents and Pur- poles as the Judicature hereby eftabliflied might have done; and fuch Judgment, Order or Decree of the laid Court of Exchequer, fliall be in all Things obferved, and be effeftual as if the faid Barons had been made the only Judicature by this Aft. XLVIIL Provided always, and be it enafted by the Authority aforefaid. That the Leftees of the King's Lefieesofthe Majefiy, his Heirs and Succeflbrs, of the faid ten thoufand Acres, or of any Part thereof, and the Aftigns King, fif.fuch Leftees and every or any of them, fhall be capable to be elefted and chofen into the Office or Place, Offices or Places of Governor, Bailiffs and Confervators aforefaid, and to vote in fuch Eleftions and Choice, and in all other Matters, as fully to all Intents and Purpofes as any other Members of the Corpo- ration, Owners of any Part of the faid ninety-five thoufand Acres, may be elefted and chofen, vote in fuch Eleftion and Choice, or in any other Matter, fo as fuch Leftees and their Affignees refpcftively, have and be Leffees or Owners of double the Quantity or Nimiber of Acres, Parcel of the faid ten thoufand Acres, as by Virtue of this Aft is required to qualify any Perfon to be elefted and chofen into the Oftice or Place of Governor, Bailiff or Confervator refpeitively, and to vote in fuch Eleftions and Choice, or in any other Matter touching the faid Level, and fo as fuch Leafes or Affignments they claim by, be entred with the Re- gifter ; any Thing before in this Aft to the contrary notwithftanding. XLIX. Provided alv/ays, and be it enafted by the Authority aforefaid. That this Aft fliall not extend to impeach or make void any Obligation given to David Offley, Gent, conditioned for his quiet Enjoyment of a certain Parcel of Land purchal'ed by him in the faid Level, but that the faid David Offley may fue and pro- fecute his feveral Aftion or Aftions upon the faid Obligation, as if he had been evift«d q: removed from his Eftate therehi by due Courfe of Law. L. And
 * hereby favedtothem, their Heirs, SucceiTors and Affigns feverally and refpcftively; any Thing in this Aft