Page:Ruffhead - The Statutes at Large - vol 6.djvu/438

376 Ware, by or through any other Passage, Ditch or Cut, or in any other Manner than as in this Act mentioned.

VI. And, to prevent any greater Quantity of Water than as aforesaid, at any Time or Times, passing from the said River Lee, through the said Gage or Trough, into the said New River; Be it further enacted by the Authority asorefaid, That the said Governor and Company shall, at their own Costs and Charges, for ever hereafter, maintain the Turnpike or Tumbling-bay now fixed and standing cross Manifold Ditch, just below the Mouth of the said new Cut leading from thence to the New River, and at other Tumbling-bays or Turnpikes by the said Governor and Company hereafter to be erected, of the same Height and Breadth, and no higher or narrower than the present Turnpike now is (which is fourteen Feet wide) and so low as to keep or reduce the Head of Water flowing down the laid Ditch to be upon a Level with, and not higher than the Top or uppermost Part of the said Gage or Trough in the said Cut, and the two adjacent capped Stones placed as Standards, the one near the said Brick Arch, and the other near Chadwell Spring, now are; so that all superfluous Water, more than can with a natural Current pass through the said Gage or Trough, may run over the said Tumbling-bay or Bays and fall again through the present Channel below the said ancient Turnpike into the said River Lee.

VII. And be it further enacted by the Authority aforesaid, That the said Governor and Company shall and may from time to time, and at all times hereafter, as Need or Occasion shall require, maintain and keep open the Mouth of the said Manifold Ditch, on the Side of the said River Lee, and remove all Soil lying before or about the same, and cleanse, scour and maintain the Water-course through the said Ditch for conveying the said Water to the said New River; they making Satisfaction to the Owners or Occupiers of the Lands adjoining thereunto, for all Damages which shall be done thereby, in Manner a and the Balance herein after is mentioned; and shall and may for ever hereafter maintain and support the said Balance Engine; Engine or Device erected near the said Mouth or Opening of the said Ditch next the said River Lee that a necessary and sufficient Quantity of Water (neither more or lefs, as near as may be) may from time to time run through the said Manifold Ditch, to supply and fill the said Gage or Trough; and shall for ever hereafter continue the said Balance Engine or Device in the Manner, and at or near thePlace where it now is.

VIII. And be it further enacted by the Authority aforesaid, That it shall and maybe lawful to and for the Governor and Company to erect, build and continue, or cause to be erected, built and continued adjoining to it over or upon the Balance Engine or Device for the time being, standing at or near the Mouth of the said Manifold Ditch, any Building or Covering requisite for the Preservation of the same or otherwise and also to-erect, build and continue, or cause to be erected, built and continued, near or adjoining it such Balance Engine or Device, a Dwelling-house or Habitation for one or more Servant or Servants Officer or Officers of the said Governor and Company, who shall from time to time be employed to take care of fsch Balance Engine or Device, and Buildings thereunto belonging; the said Governor and Company making Satisfaction to the Owners or Occupiers of the Soil in such Place or Places whereof such Dwelling-house or Buildings shall be erected and built, in manner as is herein after also mentioned.

IX. And be it further enacted by the Authority aforesaid, That it shall and may be lawful to and for the said Governor and Company, to have, hold and enjoy for ever such Balance Engine or Device, and the said Dwelling-house and Buildings, and the said Gage or Trough, Turnpikes, Sluices and Tumbling-bays already erected, or any other Gage or Trough, Turnpikes, Sluices or Tumbling-bays, by virtue, of this Act to be erected and built, and from time to time to repair and amend the same; and they, or any of them shall at all convenient Times have free Entry and Passage with their Men Horses, Carts or other Carriages, by, over or through any Ground or Land, in Places, and at Time meet or convenient, to and from such Balance Engine or Device, Dwelling-house or Habitation, and Buildings, Gage or Trough, Turnpikes, Sluices or Tumbling-bays, or to do or perform any Thing necessary or requisite for the making, building, erecting, repairing, maintaining, preserving or amending the fame, or any Part thereof, they the said Governor and Company making Satisfaction for all Damages as shall be done thereby;  the same, and all other Satisfaction and Recompence to be made by the said Company, for any thing to be done by the Authority of this Act, to be ascertained by the Trustees nominated and appointed, or to be nominated and appointed by or in pursuance of this Act or any ten or more of them, in case the Parties cannot agree.

X. Provided always, and be it further enacted by the Authority aforesaid, That it shall and may be lawful to and for the the said Trustee, or any ten or more of them, with any Servants or Surveyors with them from time to time, and at all Times hereafter at all seasonable Times in the Day-time, to see and inspect the aforesaid Balance Engine or Device, Gage or Trough, Turnpike or Tumbling Bay, and the several Conditions and repairs thereof, to the End that no more Water shall or may be traken out of the said River Lee or Manifold Ditch, through the aforesaid Gage or Trunk, than ought to pass or run through the same by vritue of this Act, or than shall be fsfficient constantly to supply and fill the said Gage or Trough; and if upon an such Inspection, any Defects or Wants of Repair shall at any Time or Times appear, whereby a greater Quantity of Water than as aforesaid shall or may pass through the said Balance Engine or Device, or the said Gauge or Trough, then the said Governor and Company, within six Months after Notice shall be given in Writing to them, or to any of their Servants employed to look after the same, of such Defects or Wants of Repairs shall from time to time well and sufficiently make good such Defects, and repair the same pursuant to the Intent and Meaning of this Act; and, in Default thereof, the said Truflees, or any ten of them, shall and may do, or cause the same to be done, and be paid by the said Company the reasonable Charges thereof; but the principal Work's are to remain, and be fixed and framed in the same Form and Manner as the same now are or ought to be pursuant to this Act. XL And.