Page:Ruffhead - The Statutes at Large - vol 8.djvu/145

 t A. D. 1757. Anno trlcefimo Georgh IL C. 32. iii "ivcn, ftiall proceed In, and hear and determine the Caufes and Matters of the iaid Appeal ; and the Or- der and Judgment of the faid Juftices there (hall be final and conckifive to all Parties. XIII. And be it further enacted by the Authority aforefiid. That all the Powers, Authorities, Pe- Powers of the nalties and Claufes in the faid recited Adi contained, except fuch as are hereby particuhxrly varied or al- recited Act cen- tered, fliall remain and be in full Force, and be executed for the Purpofes of the faid recited Act, and ^"^"l*^' ^"^.^** this Aft, as fully and efteiStually as if-the fame were herein again repeated and re-enadled. ^"^^^ ^'^^ '* XIV. And be it further enafted by the Authority aforefaid, That the Charges and Kxpcnces of ob- q^ f ,, raining and palling this Act, fliall in the firlt Place be paid out of the Money raifed, or to be raifed by /.ctTo be paid virtue of the faid recited Aft, and this Aft. out or the firft Monies raifed. XV. And be it further enafted by the Authority aforefaid, That this Aft fliall be adjudged, deemed, Pub'.kk Aft, and taken to be a publick Aft; and fliall be judicially taken Notice of as fuch by all Judges, Juftices, and other Perfons v^homfoevcr, v^ithout fpecially pleading the fame. C A P. XXXII. An A(fl for draining and preferving certain Marfh and Fen Lands and Low Grounds, in the Parifli of Wiggenhall Saint Mary Magdalen, in the County of Norfolk, ' Vt Saint Mary Magdalen^ in the County oi Norfolk^ containing in the Whole, four thoufand Acres, ' or thereabouts, and bounded as follows ; viz. From the Eaft End oi Green Dyke^ next TVeji_Fen Load, and from thence by Gillingroe JVay, to the Weft End of Green Dyke., and along that Dyke to the aforc- ' draining and keeping dry the faid Fen Lands and Low Grounds, by and under the CommilTioners of Excellent Majefty, by and Vv'ith the Advice and Confent of the Lords Spiritual and Temporal, and api-omteci. Commons, in this prefent Parliament afl^em.bled, and by the Authority of the fame. That the Impropria- tor and Vicar of JViggenhall Saint Mary Magdalen aforefaid, for the Time being, and all and every Perfoa and Perfons who is, are or fliall be. Owner or Owners of fifty Acres of Land, or upwards, lying within the Boundaries aforefaid, and chargeable wi.h the Tax hereafter mentioned, fhall be, and is and are here- by appointed CommiiTxoner and Commiffioners, during the Time of fuch Ownerfliip, to put this prefent Aft, and all and every the Powers and Authorities herein after-mentioned, in Execution; and alfo that all and every Perfon and Perfons, who is, are or fhall be. Owner or Owners of three hundred Acres of Land or upwards, lying within the faid Boundaries, and chargeable as aforefaid, fliall have full Power and Authority, during the Time of fuch Owneifliip, by Writing under Hand, to be yearly certified and delivered in at one of the two General Meetings to be held on the firft Monday in April, and the firft Mon- day in October, as hereafter appointed, to nominate and appoint another Perfon alfo to be a CommiiTioner as aforefaid ; and alfo that all and every Perfon or Perfons, who is, are, or fliall be. Owner or Owners of fifty Acres of Land or upwards, lying within the faiJ Boundaries, and chargeable as afore- faid, fhall have full Power and Authority, during the Time of fuch Ownerfliip, by Writing under Hand, to be yearly certified and delivered in at one of the faid two General Meetings, to nominate and appoint his, her or their Agent or Bailifi^ to be a CommifTioner or Commiflioners as Jiforcfaid, in the Place and Stead of fuch Owner or Owners ; and that all and every Perfon and Perfons, fo nomi^ minated and appointed as aforefaid, fhall likewifs be, and is and are hereby appointed a CommifTioner and Commiffioners, during fuch Ownerfliip as aforefaid, of the Perfon or Perfons refpeftively {o appoint- ing and nominating, to put this Aft, and all and every the Powers and Authorities herein after mentioned, in Execution. II. Provided always, and it is hereby further enafted. That if any Perfon not qualified as aforefaid, fliall Penaltv on Per- prefume to aft, or fliall appointor nominate any Perfon or Perfons to aft, as aCommiflioner in the Execu- fonr afiing. if tion of this A6t, he and fhe fliall, for every fuch Offence, forfeit the Sum of twenty Pounds, to be reco- f'"t >i"i»i!fisd. vtred with full Cofts of Suit, by any Perfon who will inform or iue for the fame in any of his Majefty's Courts of Record at JVeJimin/lcr, by Aftion of Debt, or upon the Cafe, Bill, Suit or Information, wherein no EfToin, Protcftion, Privilege, or Wager of Law, nor more than one Imparlance fhall be aliov/ed, and in which Aftion or Suit it fhall be only neceflary for the PhiiniifF or Informer to prove that the Defen- dant
 * T7 H ER E AS certain Fen Lands and Low Grounds, lying and being in the Parifh o^ TVig^rnhfiil
 * to the Bank of the River Ouze^ and fo along under the Weft Side of that Bank, to Staple iVear and
 * - from thence under a certain Bank upon JViggenhall Common., and fo along the South Side of that Bank,
 * including the fame, to and crofs the Mire Bank, next Marjhland Fen, as far as Chancellor s Dyke, and fo
 * on by Chancellor'' s Dyke Northward, as far as Broad Fen ; and from thence along a Dyke on the North
 * Side of a certain Bank, called Border Bank, to another Bank, called Fen Bank, and from Fen Bank to
 * Gillingroe IVay, by the Perambulation JVay, between JViggenhall Saint Peter s and Saint Mary Magdalen S',
 * faid Enft End thereof ; have, for divers Years laft paft, been, and ftill are, frequently overflowed v/ith
 * Waters, through the Defefts of their Outfalls to Sea, by which Means the fame are of little or no Pro-
 * fit to the Owners thereof: And whereas, notwithftanding the Powers and Provifions nov/ in force, for
 * Sewers, or any other Law, the fame cannot be drained or kept dry, without the Aid of Parliament :
 * To enable the Owners and Proprietors of the faid Fen Lands and Low Grounds to drain, and to pre-
 * ferve and keep the fame drained for the future, by which Means great Benefit will not only accrue to
 * the Publick, but much Profit will arife to the faid Owners;' Be it therefore enafted by the King's moft Commiffion-»r»