Page:Ruffhead - The Statutes at Large - vol 6.djvu/387

 A. D. 1738. AnnoundecimoGEORGii II. C. 39. 325 ' it was enacted, That it mould and might be lawful to and for fuch Perfon and Perfons, their Heirs ' and Affigns, or any Three or more of them, being then a real Owner of two hundred and fifty ' Acres of the faid Lands or more within the faid Fen, to whom the faid Truftees, their Heirs or Af- f fens, mould execute any Eftate or Eftates of the faid ten thoufand and thirty-fix Acres, or any ' Part thereof, to be Adventurers, and as Adventurers under the faid Truftees, their Heirs or Affigns, ' in draining the faid Fens, at all Times, and from time to time, from thenceforth to hold Meetings for ' fuch Purpofes as in the faid Act are more particularly mentioned ; and to afiefs, rate, tax and charge ' all and every the Owner or Owners of the faid ten thoufand and thirty-fix Acres or the faid Lands, ' by an equal and proportionable Acre Tax, for carrying on and effecting the faid Work, and to appoint ' the Payment thereof at fuch Times and Places as they (hould direct ; and in Default of Payment of ' fuch Rates to fell lb much of the Defaulter's Lands for Payment thereof, as to them fhould fcem ' meet, in fuch Manner and Form, and by fuch Ways and Means, as by the faid Act is in that Be- ' half directed ; fubject nevcrthelefs to the Conditions and Forfeitures contained in the faid Act : And ' whereas by one other Act of Parliament made in the twenty-fecond Year of the Reign of his faid Ma- ' jefty King Charles the Second, intituled, An Act for fettling the draining of the Fens in Lincolnshire, L called Deeping Fens; the Meetings of the faid Undertakers fo qualified as aforefaid were appointed to AaasCar. «» ' be held for ever thereafter at the Town of Spalding, on the Thurjday next after the Second Sunday in n ° p " nte ' ' April yearly, for laying the faid 'Fax, and the Time for Payment thereof was appointed to be on the ' Tenth Day of Oclobcr then next following; and if the fame fhould not be paid on or before the ' Tenth Day of November then next following, then the fame with the Penalty thereby to be impofed ' (not exceeding the third Part of the faid Tax) (hould be levied by Sequeftration and Sale of the Lands ' of the Defaulters, at fuch Time, and in fuch Manner, as by the faid Acl is directed ; and that no Tax ' for draining or preferving the faid Fens (hould at any Time thereafter be taxed or levied at any other ' Time, or in any other Manner than as aforefaid : And whereas the faid ten thoufand and thirty-fix ' the feveral and refpeclive Owners and Proprietors thereof, according to the Powers given by the faid ' firft recited Act in that Behalf; and the fame and all the reft of the faid Fens were long (ince drained ' and kept drained for forne Years ; yet notwithstanding all the Endeavours that have been ufed by the ' late and prefent Owners and Proprietors of the faid Taxable Lands for many Years, to prelerve and ' keep all the faid Fen Lands drained, the fame have for feveral Years laft paft been and now are fo ' overflowed with Waters through the Defects of their Outfalls to Sea and other Caufes, that little or ' no Profit can be made of them, to the great Lofs and Damage of the Owners and Proprietors as w r ell ' of the faid Free Lands as Taxable Lands, and to the Impoverifhment of the Commoners having ' Right of Common in the reft of the faid Fens, being about Fifteen thoufand Acres, and for which ' faid Caufes and Reafons about four thoufand Acres of the faid Taxable Lands have become forfeited ' for Nonpayment of the draining Taxes charged thereon, and may be fold by the faid Adventurers, or ' any three of them, fo qualified as aforefaid, by virtue of the faid feveral recited Acts or one of them : ' Andforafmuch as the faid Fens can never be ir.ade profitable, unlefs fome new Methods be taken to re- ' cover the fame, and which according to a Scheme and Efrimate made thereof will ccit about fiftef n ' thoufand Pounds ; and forafmuch alfo as it is provided and enacted by the faid nrft recited Act, That ' if the faid Truftees therein named, their Heirs or Affigns, fhould not inn, drain, and .keep dry the ' faid Fens, as by the faid firft i ecited A c~t is directed, or (hould wilfully or negligently fuffer the ftid ' Fens and Waftes, or. the moft Part of them, to be again drowned and overflowed by thp Space of ' five Y ears after the Expiration of the Time thereby limited for their inning and draining the faid Fens, ' ard that the fame (hall be found and adjudged hurtfuily furrounded. through fuch Default by fuch ' Number of Commiffioners of Sewers as are thereby appointed, and by fuch Ways and Means as are ' therein directed in that Behalf; that then and from thenceforth the faid Truft of the fa]d Tiuitees of and in the faid ten thoufand and thirty-fix Acres, and five thoufand Acres of the faid Lands, and all ' and every the Eftate and Eftates by them executed of all or any of thofe Lands, (hall ceafe, detei- ' mine, and be utterly void to all Intents and Purpoft s whatfeever, and lhall not be helped, altered or ' relieved by any Courfe of Law or Equity; and that then and from thenceforth the faid Truftees, ' their Heirs and Affigns (hall hand and be feifed of all fuch the faid Lands, in. Truft to pe mil rnd firf- ' fer the Ccmmiffioners of Sewers for the Places therein named to take the whole Renjj, iffucs'and ' therein mentioned ; and to make and execute fuch Eftate or Eftates thereof as (hall be directed and 1 appointed by fuch Number of the faid Comrniffioners, and in fuch Manner as is thereby directed : ' fervation of the Eftates and Interefts therein of the feveral Owners and Proprietors thereof, sad for ' the Recovery and future Prefer vation of all the faid Fens, the greater Part of the Owners and Pruprie- ' tors of the (aid Free Lands, in Number of Perfcns and Quantity of Land, have cc»le to an Agree - men: in Writing with the faid Owners and Proprietors of the' (aid Taxable -Lar.dc, by Lu.ed Poll ' and thirty-feven, to join with the faid Owners and Proprietors of the faid Taxable Lands irV.tyt^ing ' Application to Parliament, to obtain an Act to enable them to raife the faid Sum ex fiffec«'ihcu.jana ' Means, and upon fuchTeims and Conditions, as are let forth in the faid Agreement, and tu_ carry ' the laid Agreement into Execution, and make the fame binding upon all Parties, in Inch Manner 4 is to fay, 4 ,f ri ^ c^- c. .i ■■
 * draining the faid Fens, as if thofe Lands had remained common and uninclofed : And by the faid Act
 * Acres, and the faid rive thoufand Acres of the faid Lands, have been long fince fenced and inclofed by
 * Profits thereof, to be laid cut and expended for regaining the faid Fens, and for oilier the Purpofes
 * Therefore for preventing the Lofs of fuch the faid Taxable Lands and Free Lands, and for vhe Prt -
 * bearing Date the twenty-third Day of February in the Year of our Lcrd orte t bo -a fan d (even hundred
 * Pounds for the effectual draining and future Preservation of all the faid Fens b, f.:ch Ways and
 * as by the faid Agreement is afcertained and provided; which faid Agreement is. ss follows ; that