Page:Ruffhead - The Statutes at Large - vol 6.djvu/642

 w 576 C. 2>7* Anno decimo feptimo Georgii II. A. D. 1744; cap. xxxvir. - An Aft to prevent Difputes touching the Parifhes or Places where improved Wades, and drained and improved Marfh Lands, fhall be charged to Parochial Rates. HEREAS in divers Counties great Quantities of wafle and barren Lands, and Lands which were formerly Fen or Marfh Ground, or covered with Water, have been of late Years improved ' thereof, ought to bear and pay a proportionable Part of the Kates m3de for the Reli.-f of the Poor, and ' Houfes, Tythes Impropriate, Propriations of Tythes, Coal Mines, and faleable Underwoods, are by 43 Slit ■ c. s. ' an Act made in the forty-third Year of the Reign of Queen Elizabeth, intituled, An Aft for the Re. ' lief, of the Poor, and likev/ife to bear and pay a proportionable Part of all other Parochial P<.a ! .es; but ' great Difficulties frequently arife in determining to what Parifh or Place fuch Lands belong, or ought ' to be rated ;' Be it therefore enacted by the King's mofl Excellent Majefty, by and v/ith the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aiTembled, Drained Lands and by the Authority of the fame, That from and after the twenty-fourth Day of June one thoufand to pay Paro- feven hundred and forty-four, where there fhall be any Difpute or Uncertainty in what Parilh or Place. ehial lax - s ' fuch Lands heretofore improved or drained, or hereafter to be improved or drained lie, and ought to be rated ; all and every the Occupier and Occupiers of fuch Lands, or Houfes built thereon, Tenements, Tythes arifing therefrom, Mines therein, and faleable Underwoods therein growing or hereafter to grow,; fhall be rated and affeffed to the Relief of the Poor, and to all other Parochial Rates within fuch Parifh and Place which lies nearefl to fuch Lands, in like Manner and Form, and fubject to the fame Direc-' tions and Regulations as all other Lands within fuch Parifh and Place are by Law liable to be rated and affeffed thereunto ; and if on Application to the Officers of fuch Parifh or Place to have fuch improved Juflices in Ge- or drained Lands rated and affeffed as aforefaid, any Difpute or Difference fliall arife touching what Parifh nerai Quaiter- or Place fuch Lands ought to be rated and afTefled in, it fhall and may be lawful to and for the Juflices of Scions tc ^ ear the Peace for the County, Riding, Liberty or Divifion where fuch Lands lie, at their next General Quar- DiAutes. rmme ter-Seffions to be held for fuch County, Riding, Liberty or Divifion, after fuch Application made as afore- faid, and after Notice given to the Officers of the feveral Parifhes and Places abutting upon and adjoining- to fuch Lands, and to all other Perfons claiming and interefted therein, to hear and determine the fame on the Appeal of any Perfon interefted, and at fuch Seffions to caufe fuch Lands or Hereditaments as aforefaid to be allotted to, and fairly and equally affeflfed in fuch Parifh or Place as they fLall fee juft and meet, and fuch Determination and Allotment fhall at all Times thereafter be final and conclufive to and upon the faid feveral Parifhes and Places, and all other Perfons whatfoever, as to the Parifh or Place in which fuch Lands and Hereditaments fhall be rated and afTefled to the Poor, and all other Pa- rochial Rates as aforefaid ; and the faid Lands and Hereditaments fhall, at all Times after fuch Deter- mination and Allotment, be fated and affeffed to the Relief of the Poor, and to all other Parochial Rates within fuch Parifh and Parifhes, Place and Places only, to which they fhall refpe£live)y have been fo al-' lotted as aforefaid ; any Law, Cuftom or Ufage to the contrary in any wife notwithstanding. II. Provided always, and it is hereby enaited and declared by the Authority aforefaid, That nothing in this Act contained, nor any Allotment to be made by the Juflices of the Peace at their General Quarter- Scffions in purfuance and by virtue thereof, fhall extend to, or be deemed or conflrued to extend to, or- in any wife affect or determine the Boundaries of any Parifh or Parifhes, Place or Places, to any Intent or Purpofe, other than for the Purpofe of rating and affeffing fuch Lands, Tenements and Hereditaments to the Relief of the Poor, and to all other Parochial Rates within fuch Parifh or Place to which they fhall be fo allotted as aforefaid ; any Thing herein contained to the contrary thereof in any wife notwith- ftanding. III. Provided always, and be "it declared, That nothing in this Act fliall extend or be conflrued to ex- tend to invalidate, make void, or in any wife alter a Claufe in an Act of Parliament made in the ftxteenth- j6 & 17 Car. z. and feventeenth Year of the Reign of King Charles the Second, intituled, An Ad for draining of the c- J*< Fen called Deeping Fen, and other Fens therein mentioned, whereby it is enacted, That the Truftees therein named, their Heirs and Affigns, or the Survivor of them, their or any of their Tenants, Farmers or Ground-holders of any Part of the third Part of the faid Fen, or of the five thoufand Acres therein men- tioned, fhould not have any Time hereafter, life or claim any Common of Pafture, or other Commonage of Pafturing in any Part of the Remainder of the faid Fens, nor aiiy of them, nor in the North Fen of The Poor to be Pinchbeck and Spalding, nor any Part thereof, by virtue or Pretence of his or their Refiance there; but maintained by a ]j an( j eve ry the Inhabitants that might thereafter be upon any Part of the faid third Part, or upon any the Truftees. Part of the faid five thoufand Acres, and were not able to maintain themfelves, fhould be maintained- /I "father °L an<1 k^P* ^Y l ^ e ^ a '^ 'P rtJ ft ees > their Heirs and Affigns, and the Survivor of them, and never become n.-at Chapter, and chargeable in any Kind to all or any the refpective Parifhes wherein fuch Inhabitant or Inhabitants fhould y Ceo. ss, c. n, reftde or dwell ; any Statute or Law to the contrary thereof in any wife notwithftanding. CAP.
 * or drained, and are now of very confiderable annual Value, and the Inhabitants therein, and Occupiers
 * to be fubject to fuch Charges, and in like Manner as other Inhabitants and Occupiers of LanJs,