Page:Ruffhead - The Statutes at Large - vol 8.djvu/155

 A. D. 1757* Anno tricefimo Georgii II. C. 33, 121 tleducSl: the fame out of his, her or their Rent ; and every Tenant who fhall make fuzh P:'.yment, {hall be acquitted and difcharged for fo much Money as fuch Tax or Arfeii'ment fnall amount unto, as ir the fame had been actually paid to the Perfon or Perfons intitled to the Rent of fuch Lands and Grounds,' except except whete only where there is a Leafe for three or more Years to come from the pafTing of this Act ; in which cafe tbere ijaL^ais the Proportion of the Tax or Aifeih-nent which the Tenant ought to bear and pay in Conlidtration of the of three Yeits Benefit he or (he receives by fuch Leafe, (hall be adjuftcd and awarded by the CommilEoners for the Di- ''^°"'-'^- itrift wherein the Lands and Grounds i'o leafed (hall be fituate. ■ • XViL Provided alfo, and it is hereby further enacted by the Authority aforefaid. That in cafe any of Grounds unoc- the faid Lands or Grounds fliall at any Time hereafter be untenanted or unoccupied, fo that no fufficient cupied to remaia Diftrefs can be found whereon to levy the faid Taxes or Aflcffiiients, then the Lands and Grounds charged » -'^ecinity for with fuch Taxes or Aficjlments fliall always remain a Security for Payment thereof j^ and ail Corn, Hay, ^^^ -i^ss* and other Goods and Chattels which fhall at any Time thereafter be found thereon, fnall and may be diftrained, kept, appraifed and fold in Manner aforefaid, until all Arrears of fuch Taxes or AlTeilments, and the Charges of fuch Diflrefs and detaining, keeping and felling the iame, iliall be fully paid and fatisfied. XVIIL Provided always, and it is hereby enafted and declared by the Authority aforefaid. That the The Quantity of Quantities of fuch of the Lands fo to be rated and taxed as aforefaid within the faid relpediive Diibiils, ratable Lands to as have not been heretofore divided by Lot to the feveral Proprietors, fliall on or before the twcnty-nin'.h be given m by the Day ofSeptcrnk'^r one thoufand feven hundred and fifcy-feven, be given in to the Receivers or Colleclors ^^"''"• for fuch refpedtive Diftridls, by the Owners, Proprietors or Occupiers of fuch Lands ; and if any of the .Owners, Proprietors or Occupiers of Land within any fuch Diftri6l or Diftricts, fliall negledl or refufe to give in to any fucli refpeftive Receivers or Collectors a particular Account of the Number of Acies contained in their feveral Lands ; or in cafe there fhall be reafon to fufpe6t the Number of Acres is not truly ftated in any fuch Account, it fhall be lawful for the CommilTioners for the DiflriCt wherein fuch Xiands are fituate, to order a Survey to be made of any of the faid Lands by an able Surveyor, not being a Proprietor of any Lands in the Diftriif, upon Oath, which Oath any two of the Commiffioners of the refpedtive Diflridfs are hereby impowered to adminiller ; and the Survey which ihall be fo made, fhriJl be a fufficient Warrant and Authority to the faid Commiffioners to afcertain and determine the Quantities of fuch Lands ; and the Charge of furveying the Lands of fuch Perfon or Perfons, as fiiall negledf or re- fufe to give in fuch Account, or delivering in a falfe Account, fhall be paid by fuch Perfon or Perfons .refpedively ;.and in cafe of Non-payment thereof, fhall be recovered in fuch Manner as the Penalties are herein after directed to be recovered ; and in cafe it fhall appear upon any fuch Survey, that the Number of Acres was truly ffat.ed in any fuch Account, the Charge of fuch Survey fliall be defrayed out of the Monies arifing by virtue of this A6t within the reipective Diftri6l wherein the Survey fhall be fo made ; and that the Quantities of fuch- of the Lands, commonly called Lottery Lands, within the faid refpeclive Diftridls, as were heretofore divided by Lot to the feveral Proprietors of commonable Houfes, fhall be rated .and taken by the faid refpedive CommifTioners, according to the ufual eftimated Quantity of fuch Lands refpe£fively. XIX. Provided always. That no Tax or AfTefTment fhall be rated, charged or levied, for or in refpeil Highlands not of any Lands being Part of the Lands bounded and defcribcd as aforefaid, which are known and diftin- to be charged. guiftied by the Name of Highlands, and have not been damaged by Inundations ; and if any Difpute fhall Manner of de- arife, whether any fuch Lands fhall or fliall not be deemed Highlands, the fame fhall be determined upon termining which View, on or before the ^xkV>^Y ^^ 'September on^ thoufand feven- hundred and fifty-feven, by any four ^"^^ ^^'S^lands. Commiffioners appointed by or eledled in purfuance of this A6f, not having any Property in the DiftricSl where fuch Lands piall lie j two of which faid four CommifTioners fhall be nominated by the Commif- fioners for theDiffriit wherein fuch Difpute fliall arife, and the other two CommifTioners by the Proprie- •tor or- Proprietors of the Lands in Difpute ; and fuch four CommifTioners fhall before they proceed to determine fuch Difpute, choofe one otheryCommiffioner, not having Property in fuch Difi:ri(St, as an Um- pire to determine fuch Difpute, in cafe fuch four CommiiTioners fhould be equally divided in their Opi- nions J and all fuch Commiffjoners, before they proceed to determine fuch Difpute, fhall take an Oath .vvell and truly^ to the .beft of their Judgment and Knowledge, to determine whether fuch Lands fhall or fhall not be :deemed Highhmds (which Oath any one or more of the CommiiTioners are hereby im- powered to adminifter) and fuch CommiiTioners fhall fet forth their Determination in two diftindt Writings, and fhall fign the fame, one of which Writings fhall be delivered to the Owner or Owners of fuch Lands, and the other of fuch. Writings fhall be depofited and kept in the faid Parifh Church of i^^/fi/^j', .for or in refpecSt of one hundred and eight Acres of Adventurers Lands belonging to the faid Matthew IVyld- Lands not to be bore, now in the Occupation oi Bartholomew Ibbet, v/ithin the faid fixth Diftridt, for fo long Time only as taxed while the .the Owner or Owners, Occupier or Occupiers of thofe Lands, fhall keep and maintain the Banks, now ^'"'^' ^'^^"P" ■ kept and maintained by him the faid Matthew Wyldbore, of a fufRcient Height and Strength to keep the ^ ' .Waters (except thofe Waters fhall overflow by a Breach of the Corporation Banks) draining from the Lands which are defended by the faid Banks, from flowing into the faid Diftri£i:. . ^-^^•,^"'^.i.^ *^ hereby further enaded, That it fliall be lawful for the CommiiTioners for the faid re- Taxes may be ipective Diitridts to borrow, take up and receive any Sum or Sums of Money that they fhall think proper ; afligned forMo- and by Writing under their Hands and Seals, to mortgage, charge, afTip-n and convey, or incumber the "^y borrowed. .Taxes or Afleflments fo to be aiTcfTed and levied within fuch r^Xpedive Diitrids, with and for the Repay- . Vol. Vm. R - ^/nt
 * XX. Provided always, and be it enaded, That no AfTefTment or Tax fhall be made, colIe6fed or levied, Mr. Wildbors's